Last Updated: 05 August, 2022
Blitz App, Inc. and/or its affiliates (“Blitz”, “we”, “us”, “our”, or “Sponsor”) offers a platform and software tools designed to enhance gaming experiences by empowering players with expert analytics designed to help them improve and win more, including the websites blitz.gg, probuilds.net, champion.gg, lolcounter.com, championselect.com, and dyno.gg (the “Websites”), the Blitz application (the “Blitz App”) and certain competitions organized, promoted and/or administered by us (each, a “Competition” and, together with the Websites and the Blitz App, the “Services”).
WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND BLITZ AND/OR ANY PRIZE PARTNER (DEFINED BELOW) THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 9 “BINDING ARBITRATION AND CLASS ACTION WAIVER” BELOW FOR MORE DETAILS.
1. Acceptance of Terms
, and all applicable laws and regulations (“Applicable Laws”). You further agree that you are responsible for compliance with any Applicable Laws. If you do not agree with any of these Terms, you are prohibited from using or accessing the Services.
We may update the Terms from time to time in our sole discretion. If we do, we will let you know by posting the updated Terms on the applicable Websites, the Blitz App and/or via e-mail or as in-app notifications. It is important that you review the Terms whenever we update them. By continuing to use the Services after we have posted updated Terms, you accept and agree to the changes. If you do not agree to the changes, you may not use the Services anymore.
2. Intellectual Property
Blitz and its licensors own all title, ownership rights, and intellectual property rights in the Services. Except as expressly provided in these Terms, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the Services or the contents of the Services for any purposes, and nothing otherwise stated or implied in the Services confers on you any license or right to do so.
Blitz, the names of each Service, and their respective logos, are trademarks or registered trademarks of Blitz and its affiliates in the United States of America and elsewhere (“Trademarks”). You are expressly prohibited from using any Trademarks, except as expressly provided in these Terms, and nothing otherwise stated or implied in the Services confers on you any license or right to do so. Unauthorized use of any Trademarks, including reproduction, imitation, dilution or confusing or misleading uses, is also prohibited under the trademark laws of the United States and other countries.
3. Use License
Blitz grants you a non-exclusive, non-transferable, non-sublicensable limited right and license to install and use one copy of the Blitz App on compatible devices you own or control solely for your personal, non-commercial entertainment use (the “License”). The License is subject to the terms of this Agreement, and you may only make use of the License if you comply with them.
You may not:
- modify or copy the materials
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial)
- attempt to decompile or reverse engineer any software contained on Blitz's websites;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- access or use any Services in violation of United States export control and economic sanctions requirements; or
- behave in a manner which is detrimental to the enjoyment of the Services by other users as intended by Blitz, in Blitz's sole judgment.
This License shall automatically terminate if you violate any of these restrictions and may be terminated by Blitz at any time. Upon termination of this License, you must destroy any downloaded materials in your possession whether in electronic or printed format. The Blitz App is licensed, not sold, to you under the License. No license or other rights shall be created hereunder by implication, estoppel, or otherwise.
4. Registration and Account Information
Registration may be required for certain portions of the Services. We will not grant any user access to any registration-required portions of the Services unless such user has completed the necessary registration and paid the fees, if any, associated with access to such portion of the Services. With respect to any such registration, you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration form (“Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If Blitz has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, Blitz will have the right to suspend or terminate your account and refuse any and all current or future use of the Services. You acknowledge and agree that Blitz may rely on the Registration Data to send you important information and notices regarding your account and the Services.
5. Paid Services
5.1 Payments and Billing.
Some Services require paid subscriptions and the acceptance of supplemental terms to access. When you provide payment information for a paid Service, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party payment card updating services to obtain current expiration dates on credit cards and debit cards. If you pay a periodic subscription fee for a Service, we will provide you with reasonable notice of changes to the fees or billing methods in advance of their effective date and you will be able to cancel your subscription prior to such change.
By signing up for a subscription, you agreed that your subscription will be automatically renewed and, unless you cancel your subscription, you authorized us to charge your payment method for the renewal term. You agree that we can change the terms of the subscription with advance notice to you and an opportunity for you to cancel. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal, in which case you will have the right to cancel the renewal of your subscription.
5.3 Free Trial
From time to time, we may offer a free trial subscription for a Service. If you register for a free trial subscription, we will begin to bill your account when the free trial subscription expires, unless you cancel your subscription before that time.
Unless otherwise disclosed when you subscribe, you have the right to cancel your Service subscription. When a subscription is canceled, you will not receive a prorated refund, but you will continue to have access to the applicable Service until the end of the term during which you canceled the subscription. If you cancel your subscription, you will still be obligated to pay other charges incurred by you in the course of using the Service prior to the date of cancellation.
These Terms apply to all Competitions. Competitions will also have additional terms, and you will be required to agree to such additional terms as a condition to entering a Competition. Competitions may involve a prize partner or other brand partner (“Prize Partner”) who supplies prizes for a Competition, receives branding in connection with a Competition and/or receives certain aggregated and de-identified information about the Competition. For Competitions involving a Prize Partner, the Prize Partner will have no liability or responsibility for a Competition or the prize distribution but will be solely responsible for honoring any prize gift codes, coupons or vouchers. The Prize Partner is intended to be a third-party beneficiary of these Terms. The Blitz App is compliant with Riot Games' terms and conditions. In the event the Blitz App or the Competition conflict with or are found to be in violation of Riot Games' terms and conditions or other rules, Blitz may alter, or terminate a Competition at any time.
7. Disclaimers and Limitation on Liability
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services. You acknowledge that Blitz has no control over, and no duty to take any action regarding what effects the Services may have on you; how you may interpret or use the Services; or what actions you may take as a result of having been exposed to the Services.
Blitz is not responsible or liable for any damage, loss or injury resulting from, relating to or arising out of (1) use, access or attempted use or access of the Services; (2) downloading any information during the course of use of the Serviced; and/or (3) violation of these Terms by other users. We have no responsibility to enforce these terms for the benefit of any user.
Some states do not allow the disclaimer of implied warranties, as such the foregoing disclaimer may not apply to you in its entirety.
TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL BLITZ'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, ADDITIONAL TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF THE AMOUNTS YOU HAVE PAID FOR AVAILING OF THE SERVICES FORMING THE SUBJECT MATTER OF THE GRIEVANCE AND FIFTY DOLLARS ($50).THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BLITZ AND YOU.
By using the Services, including entering in a Competition, you agree to indemnify, defend, and hold harmless Blitz, any Prize Partner, and their affiliates, designees, parents, subsidiaries, employees, directors, officers, representatives and agents from: (a) any and all claims, demands, causes of action and judgments (including attorney's fees, court costs and expert's fees) arising out of the use of any of the Services, Riot Games, and League of Legends, or any other video game or video game publisher, as well as the conduct of a Competition, your violation of these Terms or any additional terms that may apply to your use of the Services, your receipt, ownership, use or misuse of any prize, and any of your acts or omissions that implicate publicity rights, defamation, or invasion of privacy. Blitz reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with us in the defense of such matters.
By using the Services, including entering in a Contest, you agree to indemnify, defend, and hold harmless Blitz, any Prize Partner, and their affiliates, designees, parents, subsidiaries, employees, directors, officers, representatives and agents from: (a) any and all claims, demands, causes of action and judgments (including attorney's fees, court costs and expert's fees) arising out of the use of Blitz, Riot Games, and League of Legends, as well as the conduct of a Contest, your violation of these Terms, Additional Terms, your receipt, ownership, use or misuse of any prize, and any of your acts or omissions that implicate publicity rights, defamation, or invasion of privacy. This includes the use by the Host of Entrant's entry submission or Winner's Material as set forth here and in Additional Terms. Blitz reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with us in the defense of such matters.
9. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
9.1 Initial Dispute Resolution
Our Customer Support Department is available by email at [email protected]
any concerns you may have regarding the Services. Our Customer Service Department can resolve most concerns quickly to our users' satisfaction. Failure to engage in this process could result in the award of fees against you in arbitration.
9.2 Binding Arbitration
If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution begins under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, by using the Services, including entering in a Competition, you agree that should a dispute arise in any manner concerning or relating to this Agreement between you and Blitz and/or any Prize Partner, including the arbitrability of this Agreement, other than injunctive relief and equitable relief, the dispute shall be submitted to and settled by binding and confidential arbitration administered by JAMS in accordance with the provisions of the Streamlined Arbitration and Procedures, excluding any rules or procedures governing class or representative actions.
Except as set forth in Section 9.5, 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 are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of JAMS administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. The arbitrator's award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
The Streamlined Arbitration Rules governing the arbitration may be accessed at www.jamsadr.com or by calling JAMS at (800) 352-5267. If you commence arbitration in accordance with these Terms, you will be required to pay $250 to initiate the arbitration. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, the arbitrator may require Blitz to pay the additional cost. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.
Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party's identity, the claims being asserted, and the factual allegations on which they are based. The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions in accordance with JAMS Rule 24 for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11).
The parties agree that JAMS has discretion to modify the amount or timing of any administrative or arbitration fees due under JAMS's Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Section 9 while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction.
The parties understand that, absent this mandatory 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. If you demonstrates that the costs of arbitration will be prohibitive as compared to the costs of litigation, Blitz will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
Arbitration will take place in Los Angeles, California or, if requested, some other location in the United States that is reasonably convenient for you.
9.4 Class Action Waiver
The parties further agree that any arbitration shall be conducted in their 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 BLITZ 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 there is a final judicial determination that applicable law precludes enforcement of this Paragraph's limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.
9.5 Exception - Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court 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 elect to have disputes or claims resolved in a small claims court that are within the scope of that court's jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party's claims are time-barred or may be brought in small claims court in your state and county of residence. Seeking such relief shall not waive a party's right to arbitration under this agreement.
9.6 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 to the following address: Blitz App, Inc., 6080 Center Drive, Floor 12 Los Angeles, CA 90045. The notice must be sent within 30 days of your first use of the Services, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Blitz also will not be bound by them.
9.7 Changes to this Section
Blitz will provide 30 days' notice of any changes to this section. Changes will become effective on the 30th day. If you continue to use the Services after the 30th day, you agree that any unfiled claims of which Blitz does not have actual notice are subject to the revised clause.
For any dispute not subject to arbitration you and Blitz agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Los Angeles, CA. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
The Terms and the relationship between you and Blitz shall be governed by the laws of the State of California without regard to conflict of law provisions.
10.1 Entire Agreement
These Terms (and any Additional Terms that Blitz or a Prize Partner may post on the Services) constitute the entire agreement between you and Blitz with respect to the Services and supersedes any prior agreements, oral or written, between you and Blitz. In the event of a conflict between these Terms and the Additional Terms in particular contests, the latter will prevail over the Terms to the extent of the conflict.
10.2 Waiver and Severability of Terms
The failure of Blitz to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
10.3 Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
10.4 Section Titles
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Users with questions, complaints or claims with respect to the Services may contact us using the relevant contact information set forth below.Blitz App, Inc.
6080 Center Drive, Floor 12 Los Angeles, CA 90045
We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. Without limiting any other rights of Blitz, we may terminate your access to the Services if you fail to comply with any of these Terms. Upon any termination, the License will automatically terminate, you may no longer exercise any of the rights granted to you by the License, and you must destroy all copies of any materials in your possession. Except to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not this your access to the Services has been terminated.
The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination, including but not limited to the disclaimers, limitations, and rules regarding dispute resolution in Sections 7, 8 and 9 as well as the general provisions in this Section 10.
10.7 Links to Third Party Resources
The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.