Effective January 1, 2021
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.
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.
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.
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 sponsors, partners, prospective sponsors, prospective partners, and employees 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. Subscriptions. Unless otherwise provided in the applicable Order Form (a) Features in the Order Form and access to content are purchased as subscriptions for the term stated in the applicable Order Form (b) subscriptions for Features may be added during a subscription term at the then prevailing pricing, prorated for the portion of that subscription term remaining at the time the subscriptions are added, and (c) any added subscriptions will terminate on the same date as the underlying subscriptions. Customer agrees that its purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Blinkfire Analytics regarding future functionality or features.
3. 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.
4. 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.
5. 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.
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.
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.
2.a. No advantage or penalty to prepayment. Once you have signed an order form with payment terms, those terms cannot be renegotiated and ther is no advantage or penalty for prepaying ahead of schedule.
3. Late Fees. All late payments will be subject to a 3.5% late payment fee, charged monthly, on the open amount due on your account.
4. Suspension for non-payment. Should your account become more than 60 days in arrears, or you have late payments more than twice in a calendar year, Blinkfire Analytics may suspend your account at it's sole descretion. Blinkfire Analytics is under no obligation to provide retroactive service for the time in which your account is suspended.
5. Reinstatement for a Suspended account. If your account has been suspended, you may reinstate your account by paying all delinquent payments and late fees, and if you original license term has expired, purchase a new subscription. You must have an active susbscription to export your data, and all data for a lapsed or suspended account may be discarded at the descretion of Blinkfire Analytics. Blinkfire is under no obligation to provide final reports or exports on licenses that have lapsed.
6. Continuity. Should you choose to lapse your subscription to Blinkfire Analytics, and then restart a subcription at a later date, you must pay for any access to any data and any processing of that data during the time of the lapsed subscription if you wish to have access to data from that time period.
7. 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.
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 email@example.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.
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.
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.
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.
Blinkfire Analytics agrees to indemnify and hold you, your 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, or (b) Blinfire Analytics’ breach of this Agreement.
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.
Except to its successor in the event of a merger or sale of all or substantially all of a party’s assets, a change in control effected by a sale of a party’s voting securities, or to a wholly owned subsidiary or parent owner, neither party hereto may assign this Agreement, in whole or in part, without the prior written consent of the other party, and any such attempted assignment shall be void.
As Blinkfire Analytics only has legal representation and agency in Illinois, the United States, and Spain, all pricing and terms are given considering Governing Law and Jurisdiction for one of these two locales. These legal terms have only been reviewed for those two locations, and choosing any other location would require additional costs and charges, perhaps making these entire terms null and void or illegal. Therefore, we cannot entertain other locations at this time. In addition, the global pandemic has made many in person court proceedings difficult or impossible because of travel restrictions. Because of the generally low monetary value of the Order Form, we are providing arbitration as a way to settle disputes.
The following table applies to the Governing Law and Arbitration clauses:
|If you are are domiciled in Spain||If you are domiciled in the rest of the world|
|Governing Law||The present Terms and Conditions Of Use are governed and subject to Spanish law, without reference to legal norms, and in the case of a dispute the User it will be submitted to the jurisdiction of the Courts of Madrid, Spain.||These Terms will be interpreted, construed, and enforced in all respects in accordance with the local laws of the State of Illinois, U.S.A., without reference to its choice of law rules and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods.|
|Aribitration||You and Blinkfire Analytics agree to resolve any claims relating to these Terms through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate Blinkfire Analytics’s Intellectual Property Rights. Under such limited circumstances, Blinkfire Analytics may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Products, or intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described herein. In all other cases, both parties hereby agree to submit to arbitration administered by the International Chamber of Commerce (ICC) under its Rules of Arbitration with one (1) arbitrator to be selected by mutual agreement of the parties. If we cannot agree on the arbitrator selection, then the ICC shall choose an arbitrator for us from their rules as ICC as Appointing Authority. Both parties will attempt to agree upon a city for arbitration in Spain. If after 30 days, they parties cannot agree on a location, the arbitration will proceed in Madrid, Spain. In the case where global pandemic laws prevent either party from traveling, the arbitration may be held over videoconference.||You and Blinkfire Analytics agree to resolve any claims relating to these Terms through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate Blinkfire Analytics’s Intellectual Property Rights. Under such limited circumstances, Blinkfire Analytics may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Products, or intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described herein. In all other cases, both parties hereby agree to submit to arbitration administered by the American Arbitration Association under its Commercial Arbitration Rule with one (1) arbitrator to be selected by mutual agreement of the parties. If we cannot agree on the arbitrator selection, then the American Arbitration Association shall choose an arbitrator for us from the National Panel of Arbitrators. You agree that an arbitrator cannot award punitive damages to either party and to abide by and perform any award rendered by the arbitrator. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, which shall include, but not be limited to, the courts within Cook County, Illinois. In the case where global pandemic laws prevent either party from traveling to Chicago, Illinois, the arbitration may be held over videoconference.|
Copyright 2012-2021, 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 firstname.lastname@example.org to determine whether such a use requires authorization.
If you have any questions please contact email@example.com.
We may ask you to enter the following information voluntarily:
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
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.
Blinkfire Analytics may process Personal Data relating to Users if one of the following applies:
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.
Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.
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 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.
Personal Data is collected for the following purposes and using the following services:
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.
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
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 firstname.lastname@example.org so that we may consider your request in accordance with applicable law:
Users may exercise certain rights regarding their Data processed by Blinkfire Analytics.
In particular, Users have the right to do the following:
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.
Blinkfire Analytics, Inc