Blitz 1UP

Giving indie developers a boost

Blitz 1UP Terms and Conditions

ABOUT

  • Blitz1Up is an online digital distribution and entertainment platform, owned and operated by Blitz Games Studios Ltd (“Blitz”) available at or using blitz1up.com, which allows customers to buy digitally downloaded games for use on specified hardware platforms.

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TERMS AND CONDITIONS

  • Please read these terms and conditions carefully. These terms and conditions apply to all and any use, access and availability of this Service.
  • In these terms and conditions:
    • “Communications” means any content, materials, postings, data, messages and communications sent, submitted, posted, placed on, made to or otherwise communicated to, from or using blitz1up.com;
    • “Game” or “Games” means those computer games which are or may be purchased and / or downloaded using the Service in accordance with these terms and conditions and used in accordance with the applicable Game EULA.
    • “Game EULA” means the end user licence agreement applicable to a Game;
    • “Service” means the online digital distribution, ecommerce and entertainment platform owned and operated by Blitz and available at or using blitz1up.com, affiliated or partner web sites through which Games are made available together with all related Communications, services, software programs and materials;
    • “blitz1up.com” web site and materials available at or using blitz1up.com.
  • By using the Service and each time you do so, you are telling Blitz that you understand, accept and are able to accept these terms and conditions and agree to be bound by them. If you do not accept or understand these terms and conditions you should not use or access the Service or any part of it.
  • If you are under the age of 18 years and do not understand these terms and conditions please ask a parent or guardian to explain their meaning to you.
  • Blitz may make alterations to these terms and conditions from time to time and these variations shall become effective immediately upon being accessible from blitz1up.com/legal/terms.
  • By using and accessing the Service you confirm that you have the necessary hardware, software and capability required and that you shall be and shall remain responsible for all fees due in respect thereof. Blitz shall have no liability in relation to any hardware, software or other services required to make use of the Service.

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PURCHASING GAMES AND TRADING THEM

Game Purchases

You may purchase Games using the Service as follows:

  • When you place an order for a Game ("Order") this will be deemed an offer to buy the Game for the price stated, subject to these terms and conditions.
  • After you have submitted your Order we will send you an e-mail to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your Order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your Order.
  • Once we have sent the confirmation email we will (if the Game is available) immediately make the Game available for download by you. Once we have made the Game available for download then a binding contract will exist.
  • Following acceptance Blitz may cancel a sale and not supply the Game if it is reasonable to do so and may change or discontinue the availability of any Games at any time at its sole discretion.
  • Please note you may cancel your Order at any time within 7 days of the purchase of the Game and receive a full refund provided that you have not accessed, used, played or otherwise operated the Game. If you have accessed, used, played or otherwise operated the Game you will not be entitled to a full refund.
  • If you cannot play the Game due to a fault within the Game we will provide you with a replacement copy to download.

Price and Payment

  • Prices are quoted in UK pounds . You must pay in the currency in which the Game price is quoted. If you do not hold an account in the relevant currency you should pay by debit or credit card via PayPal (or any other method that Blitz may introduce from time to time) and your card company should exchange the amount charged to the currency of your country at the current rate.
  • Payment may be required before the Game is provided and if not payment is due from the moment the Order is accepted.
  • Payment may be made by credit card, debit card through PayPal or any other such method as Blitz may introduce it its absolute discretion (including Google Checkout).
  • Blitz reserve the absolute right to accept or refuse any payment made in any form.
  • You will not be charged for any Orders that cannot be fulfilled and where appropriate Blitz will re-credit to your account any sum debited by Blitz.
  • Blitz cannot guarantee that a particular Game will always be available.
  • Credit/debit card details will be encrypted to minimise the possibility of someone being able to read them as they are sent over the Internet. Please refer to our privacy policy regarding use of your data including credit card data.
  • Your credit card company may also do security checks to confirm it is you making the Order.
  • Your statutory rights are unaffected by these terms and conditions.

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REGISTRATION, ACCOUNT AND PASSWORD

  • In order to use and access the Service you will need to register. To register you will need to submit certain information and choose a User Name and a Password.
  • The User Name and Password chosen by and issued to you upon registration with Blitz is personal to you so that you can use and access the Service and must not be disclosed to any person without Blitz’s prior written consent.
  • You agree, accept and understand that:
    • you must ensure that all information held about you by Blitz is up to date;
    • you can amend your registration details at any time through the Service;
    • you are and shall remain responsible for maintaining the confidentiality of your User Name and Password;
    • you are solely liable for any use of the Service using your User Name and Password whatsoever.
  • DO NOT SHARE YOUR USER NAME OR PASSWORD WITH ANY OTHER PERSON OR ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT. BLITZ IS NOT LIABLE FOR ANY IMPROPER USE OF YOUR LOGIN ID, USER NAME, PASSWORD, OR ACCOUNT OR ANY USE BY ANY THIRD PARTY. IF YOU THINK YOUR LOGIN ID, PASSWORD, OR ACCOUNT HAVE BEEN COMPROMISED YOU MUST INFORM BLITZ IMMEDIATELY.
  • You undertake that all the information supplied during registration is truthful, complete and correct. If the information you have supplied is incomplete or incorrect you agree to indemnify Blitz against any loss or damage incurred by Blitz and any third parties who may suffer damage as a result of the information that you have supplied.

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RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS

  • Subject to these terms and conditions and your compliance with them, Blitz grants you a non-exclusive, non-transferable, personal, limited licence to access and use the Service solely for your private, non-commercial, personal use only.
  • This licence includes the limited right to download content, materials, data and communications temporarily, for purposes solely connected with the private, non-commercial, personal use of the Service.
  • You may not transfer, sub license or deal in this right without Blitz’s prior written permission.
  • These terms and conditions and the rights granted by them do not give you any title or rights of ownership in any part of the Service or any copyright or other intellectual property rights subsisting in it.
  • Unless otherwise expressly specified, all copyright, design rights, database right, patent rights, trade mark and trade dress rights and other intellectual property rights in the Service belong to and vest in Blitz, or are licensed to Blitz.
  • All intellectual property rights of Blitz are hereby asserted and reserved.
  • All third party trade names and trade marks are the property of their respective owners and Blitz makes no warranty or representation in relation to them.
  • Blitz does not claim or assert any right title or interest in any third party communications.

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RESTRICTIONS AND OBLIGATIONS

  • You agree to comply with all rules applicable to the use of the Games purchased through the Service including but not limited to the applicable Game EULA.
  • Notwithstanding any other provision of these terms and conditions you agree and undertake not to:
    • hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Service or any part of it;
    • remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Service;
    • create software which mimics any data or functionality in the Service;
    • use or deal in the Service except as permitted by these terms and conditions;
    • include contact details intended to enable communication outside of the Service, in any Communication;
    • use your access to the Service, or information gathered from it, for the sending of unsolicited bulk email;
    • make any public, business or commercial use of the Service or any part of it;
    • provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to the Service without Blitz’s prior written permission;
    • use or process the Service or any part of it unfairly or for any illegal or immoral purpose;
    • delete or obscure any copyright or other proprietary notice on the Service.
  • The Service may only be accessed and used via authorized servers. You must take no action to bypass authorized servers and/or third party software to modify any aspect of the Service and you expressly consent to Blitz monitoring your computer’s random access memory for said unauthorized third party programs.

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FORUM AND COMMUNICATIONS

  • The Service is an online digital distribution, e-commerce and entertainment service and ancillary to this Blitz is involved in the transmission, storage, retrieval and dealing with third party Communications without review, selection or alteration of their content - for which it is a mere conduit.
  • The views expressed in any Communications are the views of the individual authors and not those of Blitz unless specified otherwise by Blitz.
  • Blitz is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any Communications.
  • By using the Service you acknowledge that Blitz has no responsibility to review the content of any Communications and that all Communications are made available on the basis that Blitz is not required to and does not exercise any control or judgement of their content.
  • Notwithstanding the foregoing Blitz shall be entitled to remove or reject any Communications and remove or suspend your ability to make or access Communications.
  • You agree that Blitz may use, publish, edit, modify and adapt your Communications for any and all purposes relating to the Service and the business of Blitz and you hereby grant it an unrestricted non-exclusive right and licence and all necessary permissions, consents and licences required for it to use your Communications in that way. You further waive all so called moral rights in your Communications.
  • You agree and undertake that you will not make any Communication or post to or transmit to the Service any statement or material, nor use the Service in any way, that:
    • is unlawful or which gives rise to civil or criminal liability;
    • promotes any illegal or unlawful activity;
    • infringes any copyright or other intellectual property right of any third party or assists infringement or piracy;
    • includes any computer virus, worms, logic bombs or other malicious software or technically harmful data;
    • is abusive, pornographic, defamatory, discriminatory or obscene;
    • harasses any person;
    • markets or promotes any third party;
    • interferes with another user's use and enjoyment of the Service;
    • impersonates any moderator, administrator or any staff or other persons connected with Blitz;
    • infringes upon or violates any third party's rights, including but not limited to intellectual property rights, rights of privacy, including unauthorized disclosure of a person's name, e-mail address, physical address or phone number, and/or rights of publicity;
    • includes restricted / password protected content or materials;
    • exploits any other person;
    • solicits passwords or personal information;
    • provides instructional information about illegal activities such as making or buying illegal weapons, buying or selling illegal drugs, violating someone's privacy, or providing or creating computer viruses;
    • contains video, photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
    • tries to gain unauthorized access to any computer, servers or any part of the Service including its servers, network and the computers of other users;
    • tries to gain unauthorized access to any profiles, blogs, chat rooms, communities, account information, bulletins, or other aspects of the Service;
    • engages in or solicits commercial activities or sales without Blitz’s prior written consent such as, without limitation gambling, betting, sweepstakes, sales advertising, investments and pyramid schemes;
    • refers to any material that is inappropriate;
    • seeks or attempts to make any arrangement to meet a child under the age of 16 or which may have such a meeting as its object or effect;
    • contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
    • solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.
  • If you discover any material which you believe contravenes these terms and conditions please inform Blitz or a forum moderator with details of the page you found it on.
  • It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. Blitz has no way of telling if statements made by other users are true. This is a decision that can only be made by you. You should therefore exercise some degree of caution when using any web site. By using the Service and its services you accept that this is the case and accept that you therefore use the Service at your own risk. PLEASE TAKE PARTICULAR CARE IN RELATION TO THE DISCLOSURE OF YOUR OWN PERSONAL INFORMATION SUCH AS YOUR SURNAME, ADDRESS, EMAIL ADDRESS, TELEPHONE NUMBER AND PLACES YOU GO.
  • You acknowledge and agree that, if necessary, Blitz will communicate with you via the email address you have provided to Blitz. Notices that are applicable to all Blitz’s customers shall be made available on the Service websites or otherwise within the Service. You will be deemed to have received a notice at the time the email is sent or the time the notice is posted on our websites or within the Service.
  • All emails sent by Blitz and attachments thereto are intended for the addressee only.

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LIABILITY

  • Blitz provides and maintains the Service for personal entertainment on an “as is” basis and is liable only to provide its services with reasonable skill and care.
  • External Sites have not been verified or reviewed by Blitz and all use and access of External Sites is made at your own risk. “External Sites” means third party web sites and online services to which the Service links.
  • Blitz gives no other warranty in connection with the Service and to the maximum extent permitted by law, Blitz excludes liability for:
    • any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which Blitz has been made aware of;
    • the accuracy, currency or validity of information and material contained within any Communications or the Service;
    • any interruptions to or delays in updating the Service;
    • any incorrect or inaccurate information on the Service;
    • the infringement by any person of any copyright or other intellectual property rights of any third party through any Communication or use of the Service;
    • the availability, quality, content or nature of External Sites;
    • any transaction involving External Sites;
    • any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading the Service , or any Communication;
    • all representations, warranties, conditions and other terms and conditions which but for this notice would have effect.
  • Blitz does not warrant that the operation of the Service will be uninterrupted or error free.
  • Blitz will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including Internet outages, communications outages, fire, flood, war or act of God.
  • Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.
  • You agree that in relation to your use of the Service you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute the Service.
  • You agree that you are and shall remain responsible for maintaining the confidentiality of your Password and User Name and for all activities that occur under your account.
  • You hereby indemnify, defend and hold Blitz and Blitz’s officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms and conditions or claims arising from your use of the Service any Communications and any use of your user account. You shall use your best efforts to cooperate with Blitz in the defence of any claim. Blitz reserves the right, at Blitz’s own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

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TERMINATION

  • Without limiting to any other rights it may have Blitz may remove, restrict, cancel or suspend access to and use of the Service and any part of it, if it considers (in its sole discretion) that you have breached of any of these terms and conditions or if it is reasonable to do so.

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POLICY ON PRIVACY, DATA, COOKIES AND MARKETING COMMUNICATIONS

Data

  • Blitz may ask you for certain information and you may submit personal data to the Service (such as your name, email address and contact details) when you subscribe or sign up to the Service.
  • Blitz may also record which parts of the Service and services you are interested in as well as user traffic patterns and site use. This information will be kept securely in accordance with an internal security policy and may be used to:
    • process your Communications, your subscription to the Service and to enable your use of the Service and associated services;
    • open and run your account and provide you with an up to date, efficient and reliable service;
    • administer prize draws;
    • generally run the Service.
  • By subscribing and submitting your data you agree to this use.
  • Blitz will only use information collected about you in accordance with the Data Protection Act 1998.
  • From time to time Blitz also monitor and record telephone calls for training purposes and to improve the service to you.
  • Blitz will never collect sensitive information about you without your explicit consent.
  • If you believe Blitz has information about you that you do not want Blitz to have or that is incorrect please contact Blitz as described below and Blitz shall correct or remove the data as you request as soon as reasonably practicable.

Marketing Communications

  • Blitz gives you a choice of whether or not you want Blitz or other reputable companies to contact you about future offers, events and new services or related activities that you may find useful. Blitz will not sell or trade personal information to other companies but Blitz would like to keep you informed of the developments on the Service and certain Games and Blitz would like to share data with other reputable companies who may have interesting offers and information for you (inside or outside the EU).
  • Blitz will not send you any marketing emails or pass your information on to third parties unless you give your consent or you have given it already.

Cookies

  • Blitz uses ‘cookies’ on the Service. Cookies are a way that information such as whether you have visited the Service before is recorded on your computer and used by Blitz to improve the Service and the services available to you. If you do not wish for Blitz to use cookies when you use the Service please adjust your Internet browser settings to not accept cookies. Your computer’s help file should tell you how to do this but please note that this may affect your ability to use the Service and Games.
  • If you don’t disable cookies the Service will ask for and store details including your name and email address and may automatically insert certain information on the subscription or Communications forms so that you can use the Service with less form filling.

Privacy

  • If you have any other concerns over privacy, this privacy policy or the Service please contact Blitz as described below.

Additional Terms

These terms and conditions include the following terms and conditions of the Game EULA, which shall apply to the use of all Games unless provided otherwise, as detailed in the Game EULA.

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HEALTH AND SAFETY AND PRECAUTIONS

Games may contain flashing lights, realistic images and simulations.

PLEASE READ THIS NOTICE BEFORE YOU OR YOUR CHILD USE THIS GAME

Some people experience side effects such as motion sickness, epileptic seizures, momentary loss of consciousness dizziness, motion sickness or nausea when viewing certain types of flashing light or pattern including when playing video games. This may happen where a person has not previously suffered in this way and have no known symptoms or history of such side effects. If you or anyone considering using this Game has suffers in this way, has a condition which makes this possible or has experienced similar symptoms, please consult a doctor before using this Game. If you or they are already using the Game please stop and consult a doctor.

If you or any part of you feels tired, fatigue or discomfort whilst playing games please stop and rest. If it continues after you stop playing please consult a doctor. If you have suffered or suffer from an injury playing games can aggravate it. In that case please consult a doctor. Failure to follow this advice may result in long term injury.

PLEASE FOLLOW THESE PRECAUTIONS WHENEVER USING THIS GAME:

Please do not:

  • sit or stand too close to the TV screen / monitor but sit or stand a safe distance away;
  • use this Game or play games if you are sick, sleep, or feel tired, fatigue or discomfort;
  • play in a room that is not well-lit;
  • play for too long at any one time, please take a 10- to 15-minute break every hour.

Notice to parents and carers:

Please observe children whilst they play games. Please ensure that you and they following the precautions described above. If you or they experience dizziness, altered vision, eye or muscle twitching, involuntary movements, loss of awareness, disorientation, or convulsions or any other side effects PLEASE STOP ALL USE IMMEDIATELY and consult a doctor.

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GENERAL

  • These terms and conditions are subject to your statutory and common law consumer rights and shall not limit any rights you might have that may not be excluded under applicable law nor shall it exclude or limit Blitz’s liability for death or personal injury resulting from its negligence nor any fraudulent representation.
  • All questions, comments or enquiries should be directed by email to or by post to Blitz at Blitz 1UP, Regent Square House, The Parade, Leamington Spa, Warwickshire, CV32 4NL, UK.
  • These terms and conditions constitute the entire agreement between you and Blitz and shall apply to the exclusion of all other terms and conditions or conditions of contract which you may propose.
  • Use of the word “including” in these terms and conditions means including without limitation.
  • Failure to enforce any of these terms and conditions will not be deemed a waiver of any term or right.
  • If any part of these terms and conditions is found to be unenforceable, it will be construed as far as possible to reflect the intention and the remainder of the provisions will remain in full force and effect.
  • The Service is intended for and directed at the United Kingdom and no representation or warranty is made as to whether the Service complies with the regulatory regime and local laws of any other country.
  • Use of Blitz and these terms and conditions are subject to the laws of England which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use and shall be construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.

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ABOUT BLITZ

  • Blitz Games Studios Limited
  • Registered company address: at Regent Square House, The Parade, Leamington Spa, Warwickshire, CV32 4NL.

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CONTACT INFORMATION

  • All questions, comments or enquiries should be directed:
    • By email to Blitz at
    • By telephone to (phone lines open 9am to 5pm GMT)
  • We will endeavor to respond to any query or questions within two working days.

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OTHER INFORMATION

  • © 2010 Blitz Games Studios Limited. All rights reserved. Blitz Games Studios, the Blitz Games Studios logo, the Blitz1Up and the Blitz1Up logo are trade marks of Blitz in the United Kingdom and other countries. All other trade marks and registered trade marks are the properties of their respective owners.

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