Introduction

These Terms of Service ("Agreement") govern your access to and use of the service(s) ("Service") provided by Blinkfire Analytics, Inc. ("Blinkfire Analytics", "we" or "us") through our website (the "Site") or through other communication platforms, including applications on your mobile device (each, an "Application"). Please read this Agreement carefully. By accessing the Service or by accessing or downloading any associated reports, media, materials, or "online" or electronic documentation (collectively, "Licensed Materials"), you agree to be bound by this Agreement. If you do not wish to be bound by this Agreement, you may not access or use the Service or Licensed Materials.

Certain features of the Service may be subject to additional guidelines, terms, or rules, which will be posted in connection with such features. All such additional terms and the Blinkfire Analytics Privacy Policy, which can be found lower down on this page, ("Privacy Policy") are hereby incorporated by reference into this Agreement.

This Agreement may be amended by Blinkfire Analytics from time to time. If we make material changes to the Agreement, we will notify you by email at the email address you provide with your user account information. You agree that such amended Agreement will be effective thirty (30) days after our dispatch of a notice to you, and your continued access to or use of the Service or Licensed Material thereafter shall constitute your acceptance of the amended Agreement.

1. Eligibility

By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you are an individual using the Service on behalf of an entity, you represent and warrant that you have all necessary right and authority to bind such entity to the terms and conditions of this Agreement.

2. User Accounts

To become a registered user and be eligible to access and use the Service, you must create a user account ("Account") by registering on the Site. To open an Account, you must complete the registration process for the Service by providing Blinkfire Analytics with the information requested on the registration form (the "Order Form") and accepting this Agreement. You shall promptly update all registration data to keep it true, accurate, current, and complete. Should Blinkfire Analytics suspect that any information you provide is not true, accurate, current or complete, Blinkfire Analytics will notify you, and if the information is not corrected, has the right to suspend or terminate your use of the Service. In addition, you shall not: (i) carry out any form of penetration testing on the Site and/or an Application; and (ii) make any deliberate attempts to cause disruption or harm to the Site and/or an Application. When you register, Blinkfire Analytics will ask you to provide a user name and password ("ID") for each of your registered users (each a "User"), or to connect a social media account from Twitter, Facebook, Instagram, Sina, or Google to act as you ID. User ID’s may not be shared or used by more than 1 individual. You will be responsible for all activities that occur under your ID’s and therefore you should keep them confidential. You agree to notify Blinkfire Analytics immediately of any known unauthorized use of your ID’s or if you believe that any of your passwords are no longer confidential. Blinkfire Analytics reserves the right to require you to alter an ID if Blinkfire Analytics believes that your Account is no longer secure. By creating an Account, you hereby authorize Blinkfire Analytics to use your account information in accordance with the Privacy Policy for the purposes of sending periodic mailings to you about Blinkfire Analytics products, services, and news.

3. License; Proprietary Rights

1. Use of the Service. Subject to the terms and conditions of this Agreement, Blinkfire Analytics grants your Users a limited, nonexclusive, non-transferable, non-sublicenseable and revocable license to access and use the Service for your internal business purposes only. Sharing the Licensed Material with non-Users is strictly forbidden, except where an exportable-report can be emailed to other users within your organization. You must use the Service in a manner consistent with any and all applicable laws and regulations. You acknowledge and agree that your use of the Service or downloading of Licensed Material is at your sole risk. Blinkfire Analytics reserves the right to change or discontinue the Service (or any feature thereof) at any time, with or without notice.

1.a As previously stated, this license allows for exportable reports to be sent to non-Users as allowed by features within the service. For purposes of clarity, a rights-holder, team, or league may share the Licenced Material with existing sponsors for reporting purposes. Notwithstanding the forgoing, exported reports and Licensed Material may not be re-branded, white labeled, or otherwise modified to remove the branding and attribution of Blinkfire Analytics. In addition, any graphs, charts, or pictures included as screenshots must be attributed to Blinkfire Analytics as well, hyperlinked to http://www.blinkfire.com or the permalink of the source page if the media so allows.

2. License to Materials. Subject to the terms and conditions of this Agreement, Blinkfire Analytics grants you a limited, nonexclusive, non-transferable, non-sublicenseable and revocable license to download and display Licensed Materials solely for your internal business purposes.

3. Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Service or the Licensed Materials or make the Service or the Licensed Materials available to any third party; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service or the Licensed Materials; (c) you shall not access or use the Service to build a similar or competitive product or service or attempt to access the Service through any unapproved interface; (d) you will not use any device, software, or routine to damage, interfere or attempt to interfere with any application, function, or use of the Service; (e) except as expressly stated herein, no part of the Service or Licensed Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (f) any future release, update, or other change to functionality of the Service (if any) shall be subject to the terms of this Agreement unless Blinkfire Analytics expressly states otherwise. You shall preserve all copyright and other proprietary rights notices on the Licensed Materials and all copies thereof.

4. Proprietary Rights. Blinkfire Analytics and its licensors own and retain all proprietary rights in the Service and the Licensed Materials. The Service and Licensed Materials contain the copyrighted material, trademarks, and other proprietary information of Blinkfire Analytics and its licensors. Except as expressly specified in this Agreement, the provision of the Service and the Licensed Materials does not transfer to you or any third party any rights in or ownership of such intellectual property, including, without limitation, any intellectual property rights in any Blinkfire Analytics or third-party content.

4. Data You Provide To Blinkfire Analytics

1. License to Customer Data. In connection with your use of the Service, you may provide us with data regarding yourself (if you’re a Team, League, or Player) or such entities you represent if you are an Agent ("Entity Data") in the fields and format we accept – such as Google Analytics and sales data. By doing so, you hereby grant Blinkfire Analytics a limited, non-exclusive, perpetual, irrevocable, worldwide, royalty-free right to use the Entity Data solely for the purposes of optimizing, validating, enhancing, supplementing and improving the Service and Blinkfire Analytics’s related product and service offerings. You agree not to provide us any Entity Data that you know is false or inaccurate, or otherwise intended to disrupt or falsely skew our data or the Service, and you acknowledge and agree that we have no obligation to confirm the validity or otherwise verify the accuracy of the Entity Data.

2. Restrictions. To the extent your Entity Data is not publicly available or available to us from another source without restriction, we will only use it on an aggregated basis in connection with our services, and we will not disclose it to any third parties. Except as expressly specified in this Agreement, your provision of the Entity Data to us does not transfer to us or any third party any rights in or ownership thereof.

5. Fees; Payments

1. Fees. Your use of the Service is subject to your payment of the applicable subscription fees ("Fees"), as set forth on the Order Form. Actual Fees and availability of all aspects of the Service are subject to change by Blinkfire Analytics at any time, unless otherwise set forth on the Order Form. You must provide Blinkfire Analytics with valid credit card information or other payment information prior to accessing the Service. You agree that Blinkfire Analytics may charge Fees to your credit card or other payment account for the Service and that you will pay all applicable Fees assessed to your Account. Our Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. Furthermore, our fees are exclusive of all wire transfer fees or other bank charges imposed by your bank, and you are responsible for the payment of all such fees or charges.

2. Payment. Unless otherwise specified in the Order Form, Fees are due monthly in advance and are non-refundable.

3. Compliance Validation. Blinkfire Analytics may perform a traffic audit to licensed data in your accounts to determine the number of unique users, including browser figerprint and cookie inspection. If the validation procedure reveals that you have used the Service in a manner that exceeds the scope in the Order Form, you will pay us for such unlicensed use of the Service based on the then-current Blinkfire Analytics fee structure.

6. Term

Subject to this Section, this Agreement will remain in full force and effect while you use the Service and/or maintain an Account. Unless otherwise set forth on the Order Form, you may terminate your Account at any time, for any reason by sending an email to info@blinkfire.com. Subject to the Order Form, Blinkfire Analytics has the right to terminate this Agreement, or suspend or terminate your access to the Service, for any reason immediately effective upon sending notice to you at the email address you provide in your Account. Upon termination of this Agreement by either party, your right to access and use the Service will terminate immediately. You agree that we will have no liability to you for any costs, losses, damages, or liabilities arising out of or related to the termination of this Agreement or denial of your access to or use of the Service. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 4, 6, 7, 8, 9 and 11.

7. Warranty Disclaimer

To the extent permitted under applicable laws, the Service and Licensed Materials are provided "As-is" and as available and Blinkfire Analytics expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Blinkfire Analytics does not guarantee and does not promise any specific results from the use of the Service or Licensed Materials. Blinkfire Analytics makes no warranty regarding the results, data or License Material obtained or derived through the use of the Service, nor that the Service will be uninterrupted, free of viruses or other harmful code, timely, secure, or error-free. You agree that Blinkfire Analytics is not responsible for the timeliness, deletion, mis-delivery, or failure to store any communications or personalization or preference settings.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

8. Limitation on Liability

To the extent permitted under applicable laws, Blinkfire Analytics shall not be liable to you, or any third party, for any lost profits, indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to your use of the Service, Site, or Licensed Material under this Agreement, even if Blinkfire Analytics has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Blinkfire Analytics’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the greater of (1) an amount equal to the amounts paid by you to Blinkfire Analytics in the twelve (12) months preceding the claim; and (2) one hundred U.S. Dollars (US $100). The existence of one or more claims will not serve to enlarge this limit. You acknowledge and agree that the limitations of Blinkfire Analytics’s liability are (a) reasonable in light of your ability to use the Service, Site, or Licensed Material at the fees charged by Blinkfire Analytics, and (b) essential and fundamental parts of this agreement, which are necessary to induce Blinkfire Analytics to enter into this agreement.

Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitation or exclusion may not apply to you.

9. Indemnity

You agree to indemnify and hold Blinkfire Analytics, its subsidiaries, affiliates, officers, agents, and other partners and their employees, harmless from any loss, liability, claim, demand, costs, or expenses, including reasonable attorney's fees, brought by any third party arising out of or relating to: (a) your use of the Service, Site or Licensed Material, (b) our use of the Artist Data in accordance with the terms hereof, or (c) your breach of this Agreement.

10. Electronic Communications

The communications between you and Blinkfire Analytics use electronic means, whether you visit the Site or send us emails, or whether Blinkfire Analytics posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Blinkfire Analytics in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Blinkfire Analytics provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.

11. Assignment

You may not, by operation of law or otherwise, delegate or otherwise transfer your rights or obligations under this Agreement to any third party without our prior consent, and any attempt to do so will be void.

12. Other

This Agreement shall be governed by the laws of the State of Illinois without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You agree and hereby irrevocably consent to the exclusive jurisdiction of the State and Federal courts with venue in Chicago, Illinois in any action to interpret or enforce this Agreement, and subject yourself to the jurisdiction (both subject matter and personal) of each such court and waive to the extent permitted by applicable law: (a) any objection that you might now or hereafter have to the venue of any such court in any action so instituted hereunder; and (b) any claim that any action or proceeding brought in any such court has been brought in an inconvenient forum. This Agreement, the Privacy Policy and the Order Form constitutes the entire agreement between you and Blinkfire Analytics regarding the use of the Service, Site and Licensed Material. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Notwithstanding any other provisions herein, the parties agree that no person or entity (including any other member) shall be deemed a third-party beneficiary of this Agreement. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of Blinkfire Analytics to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement at info@blinkfire.com.

13. Copyright/Trademark Information

Copyright 2012-2014, Blinkfire Analytics Inc. All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the Service are our property or may be the property of third parties. Certain uses of Marks require the permission of the owner. If you are interested in using our Marks for any purpose, please contact info@blinkfire.com to determine whether such a use requires authorization.

Contact

If you have any questions please contact info@blinkfire.com.

Privacy Policy

Introduction

This privacy policy sets out how Blinkfire Analytics uses and protects any information that you give Blinkfire Analytics when you use this website. Blinkfire Analytics is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Blinkfire Analytics may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from May 25, 2018.

What We Collect

We may ask you to enter the following information voluntarily:

Any use of Cookies – or of other tracking tools – by this Application or by the owners of third-party services used by this Application serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available. Users are responsible for any third-party Personal Data obtained, published or shared through this Application and confirm that they have the third party's consent to provide the Data to Blinkfire Analytics.

What We Do With The Information We Collect

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

Mode and place of processing the Data
Methods of processing

Blinkfire Analytics takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data. The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to Blinkfire Analytics, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Application (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by Blinkfire Analytics. The updated list of these parties may be requested from Blinkfire Analytics at any time.

Legal basis of processing

Blinkfire Analytics may process Personal Data relating to Users if one of the following applies:

In any case, Blinkfire Analytics will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Place

The Data is processed at Blinkfire Analytics's operating offices and in any other places where the parties involved in the processing are located.

Depending on the User's location, data transfers may involve transferring the User's Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.

Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by Blinkfire Analytics to safeguard their Data.

If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with Blinkfire Analytics using the information provided in the contact section.

Retention time

Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.

Therefore:

Blinkfire Analytics may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, Blinkfire Analytics may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.

Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

The purposes of processing

The Data concerning the User is collected to allow Blinkfire Analytics to provide its Services, as well as for the following purposes: Contacting the User, Data transfer outside the EU and Analytics.

Users can find further detailed information about such purposes of processing and about the specific Personal Data used for each purpose in the respective sections of this document.

Detailed information on the processing of Personal Data

Personal Data is collected for the following purposes and using the following services:

Analytics

The services contained in this section enable Blinkfire Analytics to monitor and analyze web traffic and can be used to keep track of User behavior.

Google Analytics (Google, Inc.)
Contacting the User
Contact form (thid Application)
INTERNATIONAL TRANSFERS OF INFORMATION

Our servers and offices are located in the United States, so your information may be transferred to, stored, or processed in the United States. While the data protection, privacy, and other laws of the United States might not be as comprehensive as those in your country, we take many steps to protect your privacy

Information, including information collected in the European Economic Area ("EEA") may be transferred, stored and processed by us and our services providers in the United States and other countries whose data protection laws may be different than the laws of your country. We will protect your Personal Data in accordance with this Privacy Policy wherever it is processed and take appropriate steps to protect the information in accordance with applicable laws.

If you live in the EU, or a similar international area, you may have additional privacy rights available to you under applicable laws. We will process your requests in accordance with applicable data protection laws. If you would like to exercise any of the below rights, please contact privacy@blinkfire.com so that we may consider your request in accordance with applicable law:

Controlling Your Personal Information

The Rights of Users

Users may exercise certain rights regarding their Data processed by Blinkfire Analytics.

In particular, Users have the right to do the following:

Links to External Web Sources

Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Contact information:

Blinkfire Analytics, Inc

privacy@blinkfire.com