Last updated September 21, 2016
FirstBlood Products can enable you to use applications developed by third parties, individually and collectively referred to as "Third Party Apps" on a Device, such as an Android app on a Device running either the Microsoft Windows, Apple OS X or Linux operating systems.
We believe that you have the right to understand how your information is stored and used. We are not responsible for the privacy practices of any third parties or the content of linked sites although we do encourage you to read the applicable privacy policies and terms and conditions of such parties or web sites.
Information We Gather
Information you Provide: In general, you can visit the FirstBlood Site without telling us who you are or revealing any information about yourself. If you wish to obtain information about our products or services you can contact us. We may collect your name, company name, email address, and street address along with other information you may choose to submit, as part of the inquiry process ("Personally Identifiable Information" or "PII").
When you register for a FirstBlood account, we collect some PII, which may include your name, company name, email address, telephone number, street address, taxpayer and immigration information, payroll, insurance and banking information. You may be asked to choose log-in Information, such as your email address and a password which will be used to access your account.
Information Automatically Collected: We (or our service providers acting on our behalf) may collect Information about the FirstBlood Products that you use and how you use them. This information includes information that may identify you as well as statistical information ("Analytics") that does not identify you. Some Analytics may be correlated with your PII. Usage Information may include:
a) Device Information: We may collect Device-specific Information (such as your hardware model, operating system version, unique Device identifiers and mobile network Information including phone number). We may associate your Device identifiers or phone number with your FirstBlood Account.
b) Log Information: When you use FirstBlood Products, we may automatically record or log Information from your Device, its software, and your activity using the FirstBlood Products. This may include:
－The Device’s Internet Protocol ("IP") address;
－Identification numbers associated with your Devices;
－Device event Information such as crashes, system activity and hardware settings;
－Application activity such as app upload, app download, app installation, app uninstallation, app start, app play duration, app stop, app crashes, app network activity and app resource consumption;
－Date and time stamps associated with transactions;
－System configuration Information;
－Metadata concerning your applications; and
－Other interactions with the FirstBlood Products.
The cookies we may use on the FirstBlood Site include:
a) Session cookies: These temporary cookies expire and are automatically erased whenever you close your browser window. We use session cookies to grant our users access to content and to enable actions they must be logged in to do.
b) Persistent cookies: These usually have an expiration date in the distant future and remain in your browser until they expire or you manually delete them. We use persistent cookies to better understand usage patterns so we can improve the site for our customers. For example, we may use a persistent cookie to associate you with your user account or to remember that your choices on the FirstBlood Site, but this only works when cookies on our site are enabled.
c) Third party cookies: We permit limited third parties to place cookies through the FirstBlood Site to provide us with better insights into the use of the FirstBlood Site or user demographics or to provide relevant advertising to you. These third parties may collect information about a consumer’s online activities over time and across different websites when he or she uses our website. For example, we may utilize Google Analytics to analyze usage patterns of the FirstBlood Site. Google Analytics generates a cookie to capture information about your use of the FirstBlood Site which Google uses to compile reports on website activity for us and to provide other related services. Google may use a portion of your IP address to identify their cookie, but this will not be associated with any other data held by Google.
We may also permit third party service providers to place cookies through the FirstBlood Site, as indicated above, to perform analytic or marketing functions where you are notified of them and you have consented to the usage. We do not control the use of such third party cookies or the resulting information and we are not responsible for any actions or policies of such third parties.
E-mail Communications: To help us make e-mails more useful and interesting, we may receive a confirmation when you open e-mail from the FirstBlood Site, if your computer supports such capabilities. In an effort to avoid sending unnecessary messages to our customers, we also compare our customer list to lists received from other companies.
Wallet Address Information: When you create a wallet through our FirstBlood Products, an encrypted wallet public key and private key pair is automatically generated and stored via our Services. When you enable notifications through your account settings, we will collect the unencrypted wallet public key in order to provision such notifications. Under no circumstances do we ever collect an unencrypted private key from you.
Blockchain Information: Many FirstBlood Products are built on, or are directly integrated with, public record blockchains, such as the Ethereum Blockchain. Your use of FirstBlood Products will be deemed to be your consent to the placement of information necessary to the proper functioning of FirstBlood Products on all necessary Blockchains, both public and private.
Information from Other Sources: We might receive information about you from other sources and add it to our account information.
Use of Information
We may use aggregated data (independent of any personal identifiers) for research and commercial purposes. This information includes what areas our users visit most frequently and what services they access most often. This information helps us develop a better site that is more useful and accessible to you.
We may use your PII internally for our general commercial purposes including, among other things, to offer our own, our affiliates’ or third-party products and services that we think you may find of interest, but only FirstBlood, its subsidiaries and contractors involved in distributing the offers or providing the products or services will have access to your PII. Our subsidiaries and contractors will be required to use any PII we provide them only for that intended purpose.
We may use your email address to contact you to respond to your inquiries or to provide information on products or services to you. You can elect not to receive emails from us either by "unsubscribing" to an email you receive or by contacting us as indicated below.
Do-Not-Track: We use technology that recognizes a "do-not-track" signal from your web browser. This technology allows us to exclude you from any analytics that collect information about your online activities over time and across third party websites.
We may disclose your non-private, aggregated, or otherwise non-Personal Information, such as usage statistics of our Products, to our affiliates and third parties.
Opt-Out Rights: If you do not wish to receive offers or other notices from us in the future, you can "opt out" by contacting us at the address indicated at the end of this policy or by following the "unsubscribe" instructions in any communication you receive from us. Please be aware that you are not able to opt out of receiving communications about your account or transactions with us.
Accessing Your Information: You are required to provide us with accurate and up to date information. FirstBlood gives you the ability to amend your data at any time by accessing your account on our site and modifying the information. Any changes will affect only future uses of your PII.
Subject to any legislation which might, from time to time, oblige us to store the information for a certain period of time, we will respect your wishes to correct inaccurate information. Otherwise, we will hold your information for as long as we believe it will help us to achieve our aims as detailed in this policy.
You can ask us whether we are keeping personal information about you and you can ask to receive a copy of that personal information. Before sending you any personal data, we will ask you to provide proof of your identity. If you are not able to provide proof of your identity to our sole satisfaction, we reserve the right to refuse to send you any personal data. We will respond as quickly as we can to your requests for details of personal information we hold about you.
We have security measures in place in our physical facilities and in our computer systems, databases, and communications networks that are reasonably designed to protect information contained within our systems from loss, misuse or alteration.
WE ARE NOT RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF ANY NON- PUBLIC INFORMATION THAT YOU PROVIDE US. IF THERE IS INFORMATION THAT YOU WISH TO PROTECT FROM DISCLOSURE TO OTHERS, DO NOT PROVIDE IT TO US.
No method of electronic transmission or storage is 100% secure. Therefore, we cannot guarantee absolute security of your PII. You also play a role in protecting your information. Please safeguard your user name, email address and password and do not share them with others. If we receive instructions using your log-in information we will consider that you have authorized the instructions. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.
Because we value your privacy, we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent as set forth in this Policy.
We may disclose your personal information to our affiliates or other third parties, including Google, who may use that information to market to you directly. Pursuant to California’s "Shine the Light Act", California residents are permitted to request information about the manner in which we share certain categories of information with third parties for their marketing use. Please email us at [email protected] to request a copy of our disclosure pursuant to California law.
Children’s Online Privacy Protection Act
We are in compliance with the requirements of the Children’s Online Privacy Protection Act ("COPPA") and do not collect any information from anyone under 13 years of age. Our website, products, and services are all directed to people who are at least 18 years old or older.
Links to Third-Party Sites
The PII we receive may be held on our computers and systems in the European Union, throughout Asia and in the computers and systems of our offices and datacenters in the United States and may be accessed by or given to our staff working outside the European Union. Your information may be processed by us in the United States, where laws regarding data protection may be less stringent than the laws in your country. By using the FirstBlood Site and by providing any personal information to the FirstBlood Site, all users, including without limitation users in Canada and the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.
This site is owned and operated by FirstBlood. If you have any questions or suggestions with respect to this policy, or if you wish to ask us to delete, correct, or show you your information as provided above, you can write to us at [email protected]
Last updated September 21, 2016
1ST Presale Purchase Agreement
When you open an account with FirstBlood, purchase 1ST, or engage in any other transaction with FirstBlood, you also will be subject to the 1ST Presale Purchase Agreement, Customer Agreement and or other similar agreements governing your use of our services. In the case of any conflict between the Terms and the 1ST Presale Purchase Agreement, the provisions of the 1ST Presale Purchase Agreement will control.
Visiting the FirstBlood Site or sending emails to FirstBlood constitute electronic communications. By visiting the FirstBlood Site or sending emails to FirstBlood, you consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email or on the FirstBlood Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that FirstBlood is not responsible for third party access to your account that results from theft or misappropriation of your account. FirstBlood and its associates reserve the right, in our sole discretion, to refuse or cancel service, terminate accounts, or remove or edit content.
FirstBlood does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under 18, you may not use the FirstBlood Site and may not enter into a 1ST Presale Purchase Agreement under any circumstances.
Third Party Services
The FirstBlood Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of FirstBlood and FirstBlood is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FirstBlood is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FirstBlood of the site or any association with its operators.
Certain services made available via the FirstBlood Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the FirstBlood Site domain, you hereby acknowledge and consent that FirstBlood may share such information and data with any third party with whom FirstBlood has a contractual relationship to provide the requested product, service or functionality on behalf of FirstBlood Site users and customers.
Prohibited Uses and Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the FirstBlood Site strictly in accordance with these Terms. As a condition of your use of the FirstBlood Site, you warrant to FirstBlood that you will not use the FirstBlood Site for any purpose that is unlawful or prohibited by these Terms. You may not use the FirstBlood Site in any manner that could damage, disable, overburden, or impair the FirstBlood Site or interfere with any other party's use and enjoyment of the FirstBlood Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the FirstBlood Site.
All content included on the FirstBlood Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the FirstBlood Site (collectively, "FirstBlood Content"), is the property of FirstBlood or its suppliers and protected by copyright, trademark and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the FirstBlood Content, in whole or in part, found on the FirstBlood Site. FirstBlood Content is not for resale. Your use of the FirstBlood Site does not entitle you to make any unauthorized use of any FirstBlood Content, and in particular you will not delete or alter any proprietary rights or attribution notices in any FirstBlood Content. You will use FirstBlood Content solely for your personal use, and will make no other use of FirstBlood Content without the express written permission of FirstBlood and the copyright owner. You agree that you do not acquire any ownership rights in any FirstBlood Content. We do not grant you any licenses, express or implied, to the intellectual property of FirstBlood or our licensors except as expressly authorized by these Terms.
The FirstBlood Site may but need not contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
FirstBlood has no obligation to monitor the Communication Services. However, FirstBlood reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. FirstBlood reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
FirstBlood reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FirstBlood's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. FirstBlood does not control or endorse the content, messages or information found in any Communication Service and, therefore, FirstBlood specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
FirstBlood does not immediately claim ownership of the materials you provide to the FirstBlood Site (including passwords, feedback and suggestions) or post, upload, input or submit to any FirstBlood Site or our associated services (collectively "Submissions"). We do not have access to your password and cannot recover it in the event that it is lost. However, by posting, uploading, inputting, providing or submitting your Submissions you are granting FirstBlood, our affiliated companies and necessary sublicensees permission to use your Submissions in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions; and to publish your name in connection with your Submissions.
No compensation will be paid with respect to the use of your Submissions, as provided herein. FirstBlood is under no obligation to post or use any Submissions you may provide and may remove any Submissions at any time in FirstBlood’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
We may permit you, from time to time, to connect your FirstBlood account to third party accounts. By connecting your FirstBlood account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The FirstBlood Site is controlled, operated and administered by FirstBlood from our offices within the United States of America. If you access the FirstBlood Site from a location outside the USA, you are responsible for compliance with all local laws, whether in the United States or in your jurisdiction. You agree that you will not use the FirstBlood Content accessed through the FirstBlood Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless FirstBlood, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the FirstBlood Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. FirstBlood reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FirstBlood in asserting any available defenses.
Disclaimer of Certain Liabilities
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE FIRSTBLOOD SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FIRSTBLOOD AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE FIRSTBLOOD SITE AT ANY TIME.
FIRSTBLOOD AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE FIRSTBLOOD SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FIRSTBLOOD AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIRSTBLOOD AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FIRSTBLOOD OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 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. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
FirstBlood reserves the right, in its sole discretion, to terminate your access to the FirstBlood Site and its related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, the laws of the Commonwealth of Massachusetts govern this agreement. Use of the FirstBlood Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and FirstBlood as a result of this agreement or use of the FirstBlood Site. FirstBlood’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FirstBlood’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the FirstBlood Site or information provided to or gathered by FirstBlood with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FirstBlood with respect to the FirstBlood Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FirstBlood with respect to the FirstBlood Site, except for any 1ST Presale Purchase Agreement into which you enter with FirstBlood. In the case of any conflict, the terms of that 1ST Presale Purchase Agreement will control. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Reviews and Comments
We may, from time to time, permit you or other visitors to post reviews, comments and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. FirstBlood reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
Dispute Resolution by Binding Arbitration; Jury Trail Waiver; Class Action Waiver For any and all controversies, disputes, demands, claims, or causes of action between you and us (including the interpretation and scope of this Section and the arbitrability of the controversy, dispute, demand, claim, or cause of action) relating to the FirstBlood Site or these Terms (as well as any related or prior agreement that you may have had with us), you and we agree to resolve any such controversy, dispute, demand, claim, or cause of action exclusively through binding and confidential arbitration. The arbitration will take place in the federal judicial district of Massachusetts, or if that is deemed inappropriate, the federal judicial district of your residence. As used in this Section, "we" and "us" mean the FirstBlood Technologies, Inc.. In addition, "we" and "us" include any third party providing any product, service, or benefit in connection with the Site or these Terms (as well as any related or prior agreement that you may have had with us) if such third party is named as a co-party with us in any controversy, dispute, demand, claim, or cause of action subject to this Section.
Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one commercial arbitrator from the American Arbitration Association ("AAA") with substantial experience in resolving commercial contract disputes. As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the "Rules and Procedures"). Where no claims or counterclaims exceed $10,000, the dispute will be resolved by the submission of documents without a hearing, unless a hearing is requested by a party or deemed necessary by the arbitrator, in which case, a party may elect to participate telephonically.
You should review this provision carefully. To the extent permitted by applicable law, you are GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court in the state or municipality of your residence within the jurisdictional limits of the small claims court and as long as such matter is only pending in that court. Additionally, notwithstanding this agreement to arbitrate, claims of defamation, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Suffolk County, Massachusetts. Additionally, notwithstanding this agreement to arbitrate, you or us may seek emergency equitable relief before the state or federal courts located in Suffolk County, Massachusetts in order to maintain the status quo pending arbitration and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Suffolk County, Massachusetts for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures may be SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrators’ decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and we must abide by the following rules: (A) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (B) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost- prohibitive as compared to the cost of litigation, (d) we also reserve the right, in our sole and exclusive discretion, to assume responsibility for any or all of the costs of the arbitration; (e) the arbitrator will honor claims of privilege and privacy recognized at law; (f) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (g) subject to the limitation of liability provisions of these Terms, the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (h) you and we will pay our respective attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law.
This Section will survive termination of your account and these Terms as well as any voluntary payment of any debt in full by you or any bankruptcy by you or us. With the exception of subparts (a) and (b) above of this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (a) or (b) above of this Section is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in Boston, Massachusetts.
For more information on the AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call the AAA at 888-778-7879 or visit the AAA website at http://www.adr.org.
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IT WILL BE FOREVER BARRED.
Digital Millennium Copyright Act
If you are a copyright owner or agent thereof and believe any content infringes upon your copyrights, you may submit a written notice pursuant to the Digital Millennium Copyright Act ("DMCA") to our copyright agent at [email protected]
In order to take action, your notice must:
Include your physical or electronic signature. Identify the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site. As an example, you might state that the copyrighted work that was infringed is located on Page 456 of the book "Esports 1, 2, 3" written by John Doe, published by Pwned Publishing in 2005, ISBN 1231231007. Identify the content 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 provide information reasonably sufficient to permit us to locate the content. For example, you might state that the content located in paragraph 6 of message #1234 is substantially the same as what is written on Page 456 of Esports 1, 2, 3. Provide a way for us to contact you, such as your address, telephone number, or email address. Include in your notice the following statement: "I believe in good faith that the use of copyrighted material described in this notice was not authorized by the owner of the copyright, an agent of the owner of the copyright, or applicable law." Include in your notice the following statement: "I swear, under penalty of perjury, that the information I have set forth in this notice is accurate, and I am either (1) the owner of the copyright; (2) someone authorized to act on behalf of the owner of the copyright; or (3) someone authorized to act on behalf of someone who holds an exclusive right to use the copyright in the manner in which it has been infringed."
We cannot take action unless you give us all required information, and you acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Please note that you can be held liable for damages (including costs and attorneys' fees) if you wrongfully claim that content infringes your copyright. If you are not sure whether content infringes your copyright, you should first contact an attorney and seek legal advice.
If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to post and use such material, you may submit a written counter-notice to our copyright agent at [email protected] In order to take action, your counter-notice must: (1) include your physical or electronic signature; (2) identify your content that has been removed or to which access has been disabled and the location at which your content appeared before it was removed or access to it was disabled; (3) include a statement, under penalty of perjury, that you have a good faith belief that your content was removed or disabled as a result of mistake or a misidentification of your content; and (4) include your name, address, and telephone number and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided the DMCA notice to us or an agent of such person. If a proper counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in ten (10) business days. We may, in our discretion, replace or restore access to the removed content and cease disabling access to it in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, unless our designated agent first receives notice from the person who submitted the DMCA notice that such person has filed an action seeking a court order to restrain the owner of the removed content from engaging in infringing activity relating to such content.
FirstBlood welcomes your questions or comments regarding these Terms via email at [email protected]