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Blot Interactive Inc. Terms of Use

Last Revised: July 10, 2013

Acceptance of Terms

Please read this Terms of Use Agreement (“Terms of Use” or “Agreement” or “TOU”) carefully. By accessing or using any website, forum, service, game or application offered by Blot Interactive Inc. ("Blot Products"), you accept, agree to and will be deemed to be bound by the current terms and conditions described herein and any terms and agreements incorporated by reference. Blot Interactive Inc. (“Blot” or “Blot Interactive”) may revise these Terms of Use at any time by updating this posting. You should visit this page periodically to review this Agreement.

If you do not accept or agree to be bound by all of the terms of this Agreement, do not access or use any Blot Products. These Terms of Use apply exclusively to your access to, and use of, any Blot Products, including, without limitation, all Blot Interactive Inc.’s products that link to or otherwise reference these Terms of Use.

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Blot Interactive Inc. (referred to herein as "Blot Interactive" or "Blot"), or its subsidiaries or affiliates, for products, services or otherwise. Blot reserves the right to change, modify, add, or delete any of the terms and conditions, or clauses contained in the Terms of Use or any policy or guideline of any of the Blot Products, at any time and in its sole discretion. Blot will indicate at the top of the Terms of Use the date such document was last updated. By continuing to access and use the Blot Products after the Terms of Use have been modified, you are agreeing to the modifications.

  1. Privacy Policy
    Blot respects private information and understands the value of protecting personal data. Please refer to Blot Interactive Inc.’s Privacy Policy at:
    blotinteractive.com/legal/privacy for information on how Blot collects, uses, discloses, insures accuracy, and destroys personal private information. Blot’s Privacy Policy is amended from time to time so please refer to the aforementioned website for modifications. By accessing and using Blot Products you acknowledge that you have read, understand and agree to be bound by the terms and conditions set forth in the Blot Interactive Privacy Policy and any modification, terms and conditions included therein by reference. You further acknowledge and agree that any disputes related to the Privacy Policy, including any breaches in security or privacy, will be subject to the limitations on liability, dispute resolution and arbitration provisions contained in these terms. If you do not agree to the terms and conditions of the Blot Privacy Policy, you may not access or use Blot Products.

  2. Terms of Sale and Purchases of Virtual Items and Services
    All sales for products or services in Blot Products are governed by Blot’s Terms of Sales and Purchases of Virtual Items and Services set forth herein. In Blot Products you may purchase, with “real world” currency, a license to use Virtual Items and other goods and/or services available in Blot Products. By ordering a license to use Blot Virtual Items or Services through Blot Products, you acknowledge and agree to be bound and accept the terms herein. In its sole discretion Blot may change these terms, at any time, without prior notice. You may also obtain a license to use Virtual Items by redeeming in-game currencies, in-game points, or Third Party virtual currency or provider credits, such as Facebook Credits.

    In the process of purchasing a license to use Virtual Items Blot Interactive may offer virtual, in-game currencies (“Virtual Currency”) including, but not limited to coins, cash, or points, which may be purchased from Blot through a Third Party, such as Facebook, PayPal, the Apple Store or the Android Store for “real world” money and if you are a legal adult in your country of residence. Your interactions with Third Party Providers are also governed by their Terms of Use, Terms of Service, Payment Terms, Terms of Sale, and Privacy Policies. Blot is not party to transactions of Third Party Credits. Blot may also offer virtual in-game digital items (“Virtual Goods” or “Virtual Services” collectively referred to as “Virtual Items”) that may be purchased from Blot, through the aforementioned Third Party, for “real world” money or Virtual Currency. Virtual Items may never be redeemed for “real world” money, goods or other items of monetary value from Blot Interactive or any other party.

    Blot will reduce the balance of Virtual Currencies as you spend your Virtual Currencies purchasing licenses to use Virtual Items for in-game play on Blot Products.

    You acknowledge and accept that all sales of Virtual Currencies, Virtual Goods, Virtual Services and Virtual Items are final. Blot does not provide refunds, except in the sole discretion of Blot. You acknowledge and agree that all Virtual Items are forfeited if your account is terminated or suspended for any reason either voluntarily or involuntarily, or if Blot Interactive discontinues providing the applicable Virtual Item or Blot Product.

  3. Virtual Items
    Blot owns, has license to, or owns the intellectual property rights to use all of the content that appears in Blot Products. Notwithstanding any provisions to the contrary herein, you acknowledge and agree that you have no right to, or title in any content that appears in Blot Products including without limitation, Virtual Items that appears, occurs or originates in any Blot Product, whether “earned” during use of Blot Products or “purchased” with or by the exchange of other Virtual Items, or “purchased” with legal currency and/or Provider Credits. “Virtual Items” is the terminology used in these Terms of Use to collectively describe Virtual Currency, Virtual Goods and Virtual Services that can be accessed in-game. You acknowledge and agree that you do not own Virtual Items obtained through Blot Products or any real world equivalent to the Virtual Items.

    Blot prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of Blot Products, or the purported sale, gift or trade in the “real world” of anything that appears, occurs, or originates in Blot Products. Transfers of Virtual Items, Virtual Currencies, and Virtual Goods are prohibited except where explicitly authorized within the applicable Blot Product. You may not sublicense, trade, steal, misappropriate, sell or attempt to sell, buy or attempt to buy in-game Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of the Blot Product game. Any such transfer or attempted transfer is prohibited and such user violating these terms may have access to Blot Products permanently terminated and may face possible legal action. In the event that your user account or access has been terminated by Blot, your Virtual Items may be revoked and you will not be entitled to a refund or any other form of compensation for the termination of these Virtual Items.

    Virtual Items do not have a “real world” value and as such you are not entitled to bring any claims of loss, or suffering as a result of loss or damage to your Virtual Items. It is possible that Blot Products may contain bugs or defects that could result in the loss or damage of Virtual Items. To the full extent permitted by law, Blot Interactive Inc. will not be held liable to compensate you for any matter whatsoever related to Virtual Items, including but not limited to any loss you claim to suffer or any claims you allege to be entitled to.

    Blot, in its sole discretion, has the right to govern, control, manage, regulate, modify, delete and or terminate such Virtual Items as it sees fit. Blot shall have no liability to you, any user, and anyone for exercising these rights. Blot’s Rights include, without limitation, the right to govern, control, manage, regulate, modify, delete and or terminate any virtual item, virtual good or virtual currency using terms such as “unlimited”, “perpetual” or “endless”.

  4. User Content and Conduct
    Blot Products may include interactive areas, such as instant messaging features, multiplayer brags and sharing features, chat dialogues, or other interactive areas or services in which you or a Third Party create, send, post, share, brag, store content, messages, materials or other items on of through the Blot Products (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and you use them at your own risk. By using any of the Blot Products, you agree not to post, upload to, transmit, promote, distribute, share, use, store, create or otherwise publish through any of the Blot Products any of the following:

    1. Material (message, words, data, image, information, text, music, sound, photos, graphics, code or other material (“User Content”) that in Blot’s assessment could be unlawful, libelous, defamatory, obscene, malicious, pornographic, pedophilic, indecent, lewd, suggestive, harassing, stalking, threatening, harmful, liable to incite hatred, fraudulent, embarrassing, racist, xenophobic, ethically offensive, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;

    2. User Content that may harm minors in any way;

    3. User Content that is offensive with respect to sexual orientation, race, religion, or heritage etc. Hate speech is not tolerated;
    4. User Content that would encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, provincial, state, jurisdictional, national or international law;

    5. User Content that may infringe on or violate the intellectual and industrial property rights including patents, trademarks, trade secrets, copyrights, image rights or other intellectual or proprietary rights of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;

    6. Impersonate any person or entity or misrepresent your affiliation with a person or entity;

    7. Misrepresent yourself as being a Blot Interactive Inc. employee, agent, representative, or a Blot Interactive Inc. partner of affiliate;

    8. Unsolicited promotions, commercial postings, solicitations, advertising, and political campaigning;

    9. Private information of any Third Party, including, without limitation, addresses, phone numbers, email addresses, Social Insurance Numbers, Social Security Numbers, and credit card numbers;

    10. Encourage, promote, support, or take part in any activity involving hacking, keystroke logging, phishing, cracking, interfering with or deciphering any transmissions to or from the Blot servers, taking advantage of cheats of exploits and/or distributing counterfeit applications or counterfeit on-line currency and on-line goods;

    11. Use or distribute cheat utilities, programs, or applications;

    12. Exploit Blot Products for any commercial use, including, but without limitation for gathering in-game currency, in-game products, Virtual Currencies, Virtual Goods, Virtual Services or other Virtual Items etc. for sale outside the Blot Product games and applications, or for performing in-game services in exchange for payment outside of the game, such as, but not limited to power-leveling;

    13. Viruses, Trojan, worm, time bombs, spyware, corrupted file or data or other harmful, disruptive or destructive files;

    14. User Content that, in the sole judgment of Blot, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas, Blot Products, the website or the Applications, or which may expose Blot Interactive or its users to any harm or liability of any type;

    15. User Content that contains vulgar language, abusive, hitting the return key repeatedly, using extreme shouting (all caps) in an effort to disturb others, spamming, or flooding by repetitively posting text;

    16. User Content that improperly uses in-game support or complaint buttons to make false or inappropriate reports to Blot Interactive;

    17. User Content that promotes the use of Blot Products that is not controlled or authorized by Blot Interactive Inc.;

    18. Abuse or exploit bugs, undocumented features, design errors or problems in the game.

    19. Modify or attempt to modify, reproduce, copy, translate, or extract any information or part of the content by any means on the Blot Products without Blot Interactive Inc.’s express prior permission;

    20. User Content that violates any Terms of Use, or game Rules of Conduct;

    21. User Content that tricks, defrauds, or misleads Blot Interactive or other users, especially in any attempt to learn sensitive information such as passwords; and

    22. User Content that promotes the sale of any part of the Blot Product including but not limited to virtual goods and currencies, in-game currency, in-game products through the exchange for real currency.


    You acknowledge and agree to use all Blot Products at your own risk. Blot Interactive Inc. is not responsible or liable for statements, representations, user conduct or content on Blot Products. Blot Interactive Inc. is not responsible or liable for mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may come upon on any Blot Products

    Some Blot Products offer features that allow you to elect to make information or user content non-public, you acknowledge and agree that Blot Interactive is not liable for any inadvertent public display or sharing of such user information and content regardless of you choosing to keep this information non-public. Blot is not liable for statements or user content in any public forum, or in the Interactive Area. As such, it is important that you do not post sensitive information that you would prefer to maintain as private and confidential.

    Any user of the Blot Products in violation of the rules set forth herein violates these Terms of Uses and may result in, among other things, termination or suspension of your rights to use Blot Products

    By using Blot Products you guarantee that you own and control and have all the rights to the User Content you post. You also acknowledge and agree that all the User Content you make public is accurate, not misleading, will not violate any rights or cause injury to any person or entity, and that that it does not violate these Terms of Use. If you encounter another user who is violating any of the Rules of Conduct, please report this activity to Blot using the “support” request in the Blot Product or contact Customer Service at support@blotinteractive.com.

  5. Software
    Blot Products may require downloading, installing, and using Third Party Provider software or applications such as, but not limited to, Facebook or Unity Player. User download, installation, and usage of Third Party software is subject to respective Third Party Terms of use, Terms of Service, or End User License Agreements (“EULA”). Please review these Third Party Agreements for they define a contract between you and the applicable Third Party Provider.

  6. Third Party Content and Applications
    Blot Products may contain links to Third Party Sites that make “Third Party Content” available to users. Blot does not control or monitor Third Party Content and Applications and is not responsible for or liable for any Third Party Content or Third Party Applications. Third Party Content and Third Party Applications are provided “AS-IS”. These links are provided solely as a convenience and do not imply endorsement or sponsorship for any Third Party Content or Third Party Applications. These Third Party Contents and Applications are independently developed by parties other than Blot and Blot assumes no responsibility for accuracy or appropriateness. Blot is not responsible for the content of any Third Party Applications or content, nor does Blot make any representations or warranty of any kind regarding any third-party applications or content , without limitation a) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any Third Party Application or content, b) any representation or warranty regarding the merchantability or fitness for an particular purpose of any material, content, software, goods or services located at or make available through such Third Party Applications or content, or c) any representation or warranty that the operation of the Third Party Application or content will be uninterrupted or error free, that defects or errors in such third-party websites will be correct or that such Third Party Application and contents will be free from viruses or other harmful components. Blot disclaims all liability with respect to user access and usage of such websites. Use of such links and non-Blot websites are entirely at the risk of the user.

    While Blot encourages links to the Blot Interactive website and forum, it does not want to be linked to or from any third-party website which a) contains, posts or transmits any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, provincial, state, national, jurisdictional, or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of Blot, or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons, or b) contains, posts or transmits any information, software or other material violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyrights, trademarks, or other proprietary rights. Blot Interactive Inc. reserves the right to prohibit or refuse to accept any link to the Blot website or forum, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website upon the request of Blot Interactive Inc.

  7. Legal Notices
    Patent Pending. Provisional Patent Applied for 2013.

    Blot Interactive, Blot Interactive Inc., and Chat Fu are official marks of Blot Interactive Inc. Other names, words, Titles, phrases, logos, graphics, icons and trademarks displayed on Blot Products may constitute registered or unregistered trademarks of Blot Interactive or third parties. While certain trademarks of third parties may be used by Blot Interactive under license, the display or Third Party trademarks on Blot Products should not be taken to imply any relationship or license between Blot and the owner of the said trademark or to imply that Blot endorses the wares, services or business of the owner of the said trademark. Nothing contained on Blot Products should be construed as granting users any license or right to use any trademark logo or design of Blot Interactive Inc. or any Third Party, without the written permission of Blot Interactive Inc. or the respective owner of any Third Party trademark.

    All other Blot Products are copyright of their respective owners, as indicated on the particular Blot Products.

    For additional legal notices, see www.blotinteractive.com/legal/.

  8. Copyright and Limited Access
    All content and material on Blot Products, unless otherwise indicated, are the proprietary property of Blot Interactive Inc. and are protected by Canadian and International Copyright Laws. Such content and materials include, but are not limited to, logos, designs, text, graphics, pictures, information, games, data, software, sounds, and other content files and the include the selection and arrangement thereof (collectively known as ‘Materials”). You are granted a limited license to access and use Blot Products for non-commercial and personal use only. Access and usage is subject to these Terms of Use and do not include:

    a) Resale or commercial use of Blot Products or Materials;

    b) Copying any Blot Product or Material;

    c) Collection and use of data, pictures or descriptions in Blot Products or Materials;

    d) Distribution, public presentation or public display of any Blot Products or Materials;

    e) Copy and or recording game play or other features of Blot Products, for personal use or otherwise;

    f) Modifying any aspects of Blot Products or Materials, or any portion thereof;

    g) Use of any data mining, robots or similar data gathering or extraction methods;

    h) Downloading, with the exception of page caching, of any portion of Blot Products and Materials or any information contained therein;

    i) Use of Blot Products or Material except as set out in these Terms of Use; and

    j) Utilization of Blot Products or Materials other than for the intended purpose of Blot Interactive Inc., is strictly prohibited and Blot will terminate user access.

    Unauthorized use may violate relevant intellectual property laws, including without limitation, copyright and trademark laws. Except as explicitly stated herein, nothing set out in these Terms of Use shall be construed as conferring any license to rights of intellectual property, whether by estoppel, implication or otherwise.

  9. Notice and Procedures for Claims of Copyright Infringement
    It is the Policy of Blot Interactive Inc. to respond to all claims of intellectual property infringement on any Blot Products. Blot will promptly process and investigate notices of alleged infringement and will take actions, in its sole discretion, as it deems appropriate. Notifications of claimed copyright infringement should be sent to: copyright@blotinteractive.com To be effective, the notification of infringement must be a written communication that includes the following:

    a) Provide a physical or electronic signature of the person authorized, and acting on behalf of the owner of the exclusive right that is allegedly infringed. Plus, identify the authorized individual by indicating surname, first name, profession, nationality, date and place of birth;

    b) Date of complaint notification;

    c) Identification and description of the copyrighted work claimed to have been infringed upon;

    d) Information indicating where the material in the claim is precisely located, including the name of the Blot Product;

    e) Identify the work protected by the copyright of which the claim of infringement is being made, and provide all necessary information providing the existence of this copyright claim;

    f) Identification of the reason why it is believed that the content does not comply with these Terms and should be removed from the Blot Products. With regard to this, cite the legal provisions and proof of the facts;

    g) Information reasonably sufficient to permit Blot Interactive to contact the complaining party, such as an address, telephone number and, if available, as electronic mail address at which the complaining party may be contacted;

    h) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent of the law; and

    i) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

    After the receipt of a complete notification, Blot Interactive reserves the right to act as it deems appropriate, and entirely at its own discretion. Presenting material as being unlawful or infringing on copyrights with the aim of its removal or causing its dissemination on Blot Products to be discontinued, when you are aware that this information is incorrect is punishable by law. Blot Interactive takes such actions very seriously and will take legal action on misleading copyright infringement claims. Claims of copyright infringements are legal notices, and Blot Interactive may provide copies of such notices to participants in the dispute or to third parties, at its sole discretion or as required by law. Blot’s Copyright Representative for notice of claims of copyright infringement is Norma Rossler, who can be reached as follows: copyright@blotinteractive.com This email address is intended solely for the receipt of said notices and not for general inquiries. or

    Blot Interactive Inc.
    Attn: Norma Rossler,
    CFO Suite 509,
    174 Spadina Avenue Toronto,
    Ontario M5T 2C2

  10. Hyperlinks
    Blot, currently, allows users to create hyperlinks to Blot Products for non-commercial purposes, so long as such links do not portray Blot Interactive or Blot Products in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any material that is offensive, harassing, adult in nature, illegal or otherwise objectionable. This hyperlink right may be revoked at any time, at the sole discretion of Blot. Users are not to use the Blot Logo or Blot Products logos to link any Blot Products without the prior written authorization of Blot Interactive Inc. Users are not to use, frame or utilize framing techniques to enclose any Blot Interactive or Blot Products, trademarks, logos, Blot Product Images, without Blot’s prior written authorization.

    Except as noted above, users are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Blot Interactive Inc. or any other Third Party.

    Blot Interactive makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party sites accessible by hyperlinks from or linking Blot Products. Such user sites are not under the control of Blot and therefore Blot is not responsible for these sites. Once a user leaves the Blot Product Blot Interactive terms and policies no longer govern.

    11) Promotional Events
    Blot may run advertisements, contests, surveys, or similar promotions (“Promotional Events”) from third parties on Blot Products. Communications, business transactions, correspondence with, participation in promotions of, advertisers other than Blot, and any terms, conditions, warranties or representation associated with such dealings, are solely between you and the Third Party. Blot is not responsible or liable for any loss or damage of any sort incurred as the result of interactions of such Promotional Events or the result of the presence of non-Blot advertisers on Blot Products. If a user chooses to take part in such Promotional Events Blot strongly encourages the user to read the applicable terms and rules that are set forth within each of those Promotional Events.

    12) Advertising and Promotion of Third Party Products and Services
    Blot may, solely by its own discretion, highlight Third Party products and or services (“Third Party Material”) through Blot Products as promotional links, advertising banners or other advertising and promotional methods. Resulting correspondence or dealings between you and the Third Party become solely between you and the Third Party. You choose to deal with the Third Party completely at your sole discretion and at your own risk. Blot Interactive is not responsible for Third Party products or service or applications sold through the Third Party or the quality of such products, services and applications. By accessing the Third Party Material you agree Blot will not be held responsible or liable for content, goods, payments, warranties, delivery of goods, or services that you choose to obtain. Blot does not control or endorse these Third Party Materials. Blot is not responsible for such Third Party Materials’ content, business practices, or Third Party privacy policies. Blot also expressly disclaims any responsibility for content, legality, decency or accuracy of information, for the Third Party products and services. By accessing Blot Products you agree that Blot Interactive Inc. shall not be held responsible or liable for loss or damages incurred resulting from such dealings and correspondence or as a result of the presence of such advertising and promotions of Third Party products and services.

    13) Contests
    Blot Interactive may choose to run contests and promotions with respect to Blot Products. Rules for contests and promotions will be specified on the following website: www.blotinteractive.com/legal/contest-rules

    14) Unsolicited Idea Submissions
    Unsolicited idea submissions are not accepted or considered at Blot. An Idea Submission, without limitation, is a creative idea, suggestion, material, or proposal related to a new game or to improvements to games, original artwork or other works, products, promotions, marketing plans, processes, game or product enhancements, names for new games, or technologies. Do not send any such idea submissions in any form to Blot or to any Blot employees. Blot’s policy on unsolicited idea submissions is to avoid potential misunderstandings or disagreements when Blot Products or strategies appear to be similar to ideas submitted.

    Despite this policy, if you make an unsolicited idea submission, then you acknowledge and agree that:

    a) Your submission, idea and content automatically become the property of Blot without any compensation to you;

    b) Blot is under no obligation to review the submission;

    c) You grant Blot Interactive Inc. and its designees a worldwide, non-exclusive, perpetual, royalty-free, perpetual, irrevocable, sublicenseable, and transferable and assignable license to use, modify, adapt, reproduce, distribute, translate, prepare derivative works or, display, perform, have made, sell, and otherwise fully exploit any and all related intellectual property rights of such submission. Intellectual property rights include, without limitation, all copyrights, trademarks, trade secrets, patents and all other intellectual and proprietary rights related to, and in any media, without compensation to you; and

    d) You give up all claims that any use by Blot Interactive Inc. and or its licensees of your unsolicited ideas violates or infringes, including but without limitation, on your moral rights, privacy rights, publicity rights, proprietary and intellectual rights, and rights to credit for such material and ideas. Quality, Alpha, and Beta Testers given access to any new portion of Blot Products, the submission rules and protocols relating to Quality, Alpha, and Beta Testers supersede this section on Idea Submissions for any submissions you make in connection with your access as a Quality, Alpha, and Beta Tester.

    15) Quality, Alpha and Beta Testers
    Blot Interactive, in its sole discretion, may provide access to Quality, Alpha, and Beta Testers (“Testers”) on new or revised Blot Products or portions of Blot Products in the scope of carrying-out quality, alpha, and/or beta testing. Testers have been provided access to Blot Products for the purpose of identifying program errors in a Blot Product version, communicating feedback to Blot on the evaluation and assessment, and assisting the Blot Development team in detecting errors, as such you agree to use Blot Products according to the following obligations:

    a) Tester agrees to assign to Blot all rights worldwide, including without limitation, intellectual property rights, copyrights, trade secret rights, patent rights, invention and improvement that is conceived, learned or reduced to practice in the context of the Tester’s use of Blot Products, plus, all items reported and not reported to Blot including, without limitation, comments, recommendations, improvement ideas, bug-fixes. All testing outcomes are the sole property of Blot Interactive, including outcomes that are patentable;

    b) Tester acknowledges that accumulated points, in-game currencies, in-game products, virtual goods, virtual currencies, game history and other game items of value or statues obtained during the course of testing may be reset, cleared, or lost during or upon completion of the testing process;

    c) Tester understands that during the testing phase of development Blot Products may contain bugs, abnormalities, glitches, and other performance defects.

    Blot disclaims all warranties involving Blot Products, expressed or implied, including, but not limited to, warranties against infringement of Third Party rights, merchantability and fitness for a particular purpose;

    d) You agree that the testing process will remain confidential and errors in the game will be reported only to Blot Interactive Inc. Plus, you understand and acknowledge that all Blot Products or portions of Blot Products are proprietary information of Blot Interactive Inc.

    i. Testers are not to copy or reproduce any Blot Products or other Blot proprietary information

    ii. Testers are to insure that all Blot Products are protected from reproduction and disclosure. That access is limited to authorized personnel, and that the any Mutual Recognition Agreements between the Testers’ employer and Blot Interactive will be respected:

    e) You agree to confidentially and immediately return all Blot Product copies and proprietary information provided by Blot Interactive to you; and

    f) You agree that a breach of the above obligations may cause irrevocable harm to Blot, and as such Blot is may choose ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations.


    16) Indemnification You agree to indemnify, defend and hold harmless:

    a) Blot Interactive Inc.;

    b) Blot Interactive Inc.’s affiliated companies, shareholders, partners, directors, officers, subsidiaries, employees, agents and suppliers; and

    c) Blot Interactive Inc.’s licensees, distributors, third-party suppliers and providers, from and against all claims, losses, damages, liabilities, costs, and expenses, including, but not limited to, legal fees arising out of or related to your use or misuse of Blot Products and services, and any violation by you of these Terms of Use, or any breach of representations, warranties, and covenants made by you herein. Blot reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Blot, and you agree to cooperate with Blot’s defense of these claims. Blot will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions set forth will survive any termination of your account of Blot Products.

    17) Disclaimer
    Blot Products are provided “as-is” and “as-available” without warranties or representations of any kind, either express or implied. By accessing and using Blot Products you acknowledge and agree that use of Blot Products and content is entirely at your own risk.

    Blot Interactive disclaims all other warranties or representations, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, as to the Blot Products and materials, including without limitation any Blot software, Third Party Content, and Third Party Applications. Blot Interactive Inc. does not represent or warrant that Blot products or materials are accurate, timely, secure, suitable, complete, uninterrupted, reliable, current, or error-free. You are solely responsible for your interactions with Blot Products. Blot is not responsible for any third parties who may access the site or use the Blot Products, and your use of Blot Products is at your own risk.

    Blot Interactive is not responsible for typographical errors or omissions. While Blot attempts to make access and use of Blot Products safe, Blot Interactive cannot and does not represent or warrant that the Blot Products, its server(s), the Blot software, Third Party Applications or other site material are free of viruses or other harmful components.

    Blot reserves the right to modify, change, cancel or delete any and all content contained in Blot Products at any time without notice. This includes, without limitation, any levels, ranking, scores, points, game history, or public recognition you have acquired or achieved.

    Some jurisdictions do not allow the exclusion of implied warranties; therefore the above exclusions may not apply to you. You may also have other rights that vary between jurisdictions.

    18) Limitation of Liability
    You acknowledge and agree that in no event shall Blot Interactive Inc., its affiliated companies, shareholders, partners, directors, officers, subsidiaries, employees, agents, licensors, members and suppliers (collectively “Blot Entities”) be liable for any direct, indirect, incidental, special, exemplary or consequential damages, or any other damages of any kind, including, but not limited to, damages for loss of profits, goodwill, use, data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of, or inability to use, any Blot Product, or any materials contained in or accessed through Blot Products, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Blot Interactive Inc. or that result from mistakes, omissions, interruptions, deletion of game history or messages, changes to or deletion of game scores or rankings, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from Acts of God, communications failure, theft, destruction or unauthorized access to Blot’s records, programs or services.

    In no event shall the aggregate liability of Blot Interactive Inc. and any of the Blot Entities whether arising in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Blot Products exceed the total fees paid by you, if any, to Blot Interactive Inc. for access to or use of Blot Products.

    Some jurisdictions do not allow the foregoing limitations of liability for consequential or incidental damages; therefore the above exclusions may not apply to you. In such jurisdictions, you accept and agree that such liability shall be limited to the maximum extent permitted by the applicable jurisdictional law, even if any remedy fails of its essential purpose. It is your responsibility to seek the advice of professionals, as appropriate.
    You further acknowledge and agree that Blot Interactive Inc., is not liable and you agree not to seek to hold Blot Interactive liable, for the conduct of third parties.

    19) Dispute Resolution
    Any disputes, controversy or claim (``Dispute”) can be expensive and time consuming for both Parties involved. These Terms of Use provide a neutral, stream-lined, cost-effective process to resolve any Disputes that may arise between you and Blot.

    The majority of user concerns can be resolved informally and quickly by contacting the Blot office directly. We therefore encourage you to first contact our representatives before resorting to the options laid-out in the subsections below. Blot may be contact at: support@blotinteractive.com or

    Blot Interactive Inc.
    Customer Service Department
    Suite 509, 174 Spadina Avenue
    Toronto, Ontario M5T 2C2

    This section of the Terms of Use covers any and all Disputes between you and Blot, including without limitation Disputes and Claims:

    a) Relating to relationships, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;

    b) That arose before this Agreement or any other prior agreement;

    c) Currently the subject of purported class action litigation in which you are not a member of a certified class; and

    d) That may arise after the termination of this Agreement.

    The only Disputes not covered in this section of the Terms of Use are those Disputes:

    a) To enforce or protect, or concerning the validity of, the Intellectual Properties Rights of you, Blot Interactive Inc., or any of the Blot Entities; and

    b) Arising from or relating to, allegations of theft, piracy, or unauthorized use.

    Nothing in the Terms of Use shall prevent either you or Blot from initiating a small claims court action.

    In the unlikely event that Blot is unable to resolve your concern informally, then you and Blot agree to resolve any Dispute, Claim or controversy at law or in equity that arises from or relates to these Terms of Use of from the use of a Blot Products in accordance with one of the subsections below or as you and Blot mutual agree upon in writing.

    a) Informal Negotiations:
    You and Blot mutually agree to first attempt to informally negotiate Disputes, (except those Disputes expressly provided below) for at least thirty (30) days before initiating arbitration.

    The negotiation process does not suspend any statutory limitation periods applicable to the bringing of a Claim or Dispute;

    The Informal Negotiation process commences upon receipt of written notification from one Party to the other Party. Written notification must contain: Full name and contact information of the complaining party, description of the nature and basis of the claim or dispute, and set forth the specific relief sought. Notices to Blot are to be sent to: Blot Interactive Inc. Attn: Legal Department Suite 509, 174 Spadina Avenue Toronto, Ontario M5T 2C2 b) Arbitration: If you and Blot are unable resolve a Dispute through informal negotiations, within the 30 day time period, then either Party may elect to have the Dispute (except those Disputes expressly provided below) finally and exclusively resolved by binding arbitration by sending a written notice requesting arbitration to the other Party.

    Any election to arbitrate by one Party shall be final and binding on the other Party. Both Parties mutually agree that arbitration will be conducted pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. The place of arbitration shall be Toronto, Ontario Canada. The language of the arbitration shall be in English.

    By agreeing to this Arbitration provision, you acknowledge, understand, and agree that you and Blot Interactive are waiving the right to sue in court and have a jury trial.

    c) Limitations to Arbitration:
    Both Parties mutually agree than any arbitration shall be limited to the Dispute, Claim, or controversy between you and Blot individually, that there are no rights or authority for a dispute to be arbitrated on a class action basis or to use class action procedure, that no arbitration shall be joined with any other, and that there is no right or authority for any Dispute, Claim, or controversy to be brought in a purported representative capacity on behalf of the general public or any other persons.

    d) Exceptions to Informal Negotiations and Arbitration:
    You and Blot Interactive Inc. agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:

    i) Disputes seeking to enforce or protect, or concerning the validity of, any of your or Blot Interactive Inc.’s intellectual property rights;

    ii) Disputes related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and

    iii) Disputes for equitable and or injunctive relief.


    In addition to the foregoing, either party may asset an individual action in small claims court for Disputes that are within the scope of such courts’ jurisdiction in lieu of arbitration.

    20) Applicable Law
    These Terms of Use and your use of the Blot Products are controlled by Blot Interactive Inc. from its office in Toronto, Ontario, Canada. By accessing and or using Blot Products you agree that all matters relating to your access and use of Blot Products shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusion jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario with respect to such matters. You acknowledge and agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

    21) Termination
    Notwithstanding any of Terms of Use, Blot reserves the right, with or without notice and in its sole discretion, to suspend, terminate, modify, or delete your access to use any or all of the Blot Products, and to block or prevent your future access to and use of any or all of the Blot Products.

    Blot Interactive may issue warnings and temporary suspensions and permanent termination for user violations. Blot retains sole discretion as to the timing and issuance of any warnings, penalties, and or other disciplinary actions, even if there are credits remaining on your account. If Blot Interactive Inc. terminates your access to any Blot Products and credits remain on your account no refund will be granted, and no entitlements will be credited to you or converted to cash or any other forms of reimbursement. If you feel you have been unfairly disciplined or warned please contact us, with a full detailed explanation for consideration to support@blotinteractive.com.

    22) Severability
    If any term or provision of these Terms of Use is held by a court of competent jurisdiction to be unlawful, invalid, void or for any reason unenforceable, then that term or provision shall be deemed severable for these Terms of Use and shall not affect the validity and enforceability of the remaining terms provisions.

    23) Force Majeure
    Blot Interactive Inc. shall not be held liable for any exceptional circumstances, delays or failure to perform resulting from causes outside the reasonable control of Blot including, without limitation, any failure to perform hereunder due to unforeseen circumstances of causes beyond Blot’s control such as Acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.

    24) Entire Agreement
    These Terms of Use, including Blot’s Privacy Policy and all other policies incorporated herein, represent the entire agreement between you and Blot concerning your rights and obligations as to the use of Blot Products and supersedes any and all other prior contemporaneous agreements, representations, warranties and understandings, both written and oral, with respect to the subject matter of the Terms.

    25) Contacts
    These Terms of Use can be accessed at www.blotinteractive.com For any questions concerning these Terms of Use, please contact Blot Interactive Inc. at support@blotinteractive.com


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