DATE LAST MODIFIED: September 13, 2024.
THESE TERMS OF SERVICE ("TERMS") ARE A LEGAL AGREEMENT BETWEEN YOU ("YOU" OR "YOUR") AND BLING FINANCIAL, INC. ("BLING"). BY DOWNLOADING, INSTALLING ANY BLING APPLICATION (THE "APPLICATION") AND USING IT IN CONNECTION WITH OTHER SERVICES PROVIDED BY BLING OR OTHERWISE ACCESSED THROUGH THE USE OF THE APPLICATION (SUCH SERVICES AND THE APPLICATION COLLECTIVELY, THE "SERVICE") YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE. IMPORTANT NOTE: These Terms contain a Dispute Resolution And Arbitration Provision, including Class Action Waiver that affects your rights under these Terms and with respect to disputes you may have with BLING. You may opt out of the binding individual arbitration and class action waiver as provided below. BLING reserves the right, in its sole discretion, to modify or change these Terms at any time by posting the changes on or within the Application or other parts of the Service or on at blingfi.com (this "Site"). Your continued use of the Service following the posting of such changes constitutes Your acceptance of the revised Terms. If the modified Terms are not acceptable to You, Your only recourse is to discontinue Your use of the Service. You agree that BLING may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to You and without liability.
You agree and acknowledge, as condition of participating in the Service, that Facebook, Instagram, Twitter, Google (Alphabet, Inc.), and Apple (Apple, Inc.) does not sponsor, endorse, administer, and is in no way associated with, the Service. All questions regarding the Service must be directed to BLING, not third parties. You also agree that as a condition of participating in the Service you shall release the above listed third parties from any and all liability arising out of your participation in said Service.
BLING will only use any personal information that You provide in connection with Your use of the Service in accordance with the terms of our privacy policy ("Privacy Policy") available within the Application and on the Site here. By accessing or using the Service, You consent to the collection, use and storage of Your information as outlined in the Privacy Policy. Questions regarding privacy issues should be directed to our customer service department at support@blingfi.com.
To use the Service, You must be a natural person, at least 18 years old, who is assigned to the e-mail address, Facebook or Google account associated with Your Bling Account (the "Bling Account"). At our sole discretion, we may require proof that You meet this condition in connection with Your use of the Service. Failure to comply with this condition will result in the closing of Your Account and the loss of all Virtual Items (including Bling Points) (each as defined below) accumulated through Your use of the Service. The Service is not targeted at children under the age of 13, and they are not permitted to use the Service. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Service, you affirm you are at least 18 years old.
You may use the Application anonymously, but in order to access and use the rest of the Service (including, but not limited to accumulating and redeeming Bling Points, Virtual Items and Rewards (as defined below)) and to post any User Content (as defined below), You must create an account with BLING. By creating an Account with BLING, You agree to the following rules to protect the security of Your Account:
Any personal information You provide to us, which may include Your name, birth date and email address, will be held and used in accordance with BLING' Privacy Policy, which is herein incorporated by reference. You agree that You will supply accurate and complete information to us, and that You will update that information promptly after it changes.
To use the Service You must have a mobile device that is compatible with the Application. BLING does not warrant that the Application will be compatible with your mobile device. If you decide to use the Service, subject to Your agreement and compliance with these Terms, the Privacy Policy, and applicable terms and conditions of our partners. BLING hereby grants You a non-exclusive, non-transferable, revocable license to install and use an object code copy of the Application for one registered account on one mobile device owned or leased solely by You. You may only play on one device at a time. You may not have multiple accounts, even if you have multiple devices. BLING also grants You a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to access and use those portions of the Service that are not part of the Application. Use of the Service shall be solely for Your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. BLING can terminate this license at any time and with or without any reason. If the Service or any part thereof is determined to be illegal under the laws of the jurisdiction in which You are situated, You shall not be granted any license to use the Application or any other part of the Service, and must refrain from using it. You may not: (i) modify, disassemble, decompile or reverse engineer the Application; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third party or use the Application to provide time sharing or similar services for any third party; (iii) make any copies of the Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the Application; or (v) delete the copyright and other proprietary rights notices on the Application. You acknowledge that BLING may from time to time issue upgraded versions of the Application, and may automatically electronically upgrade the version of the Application that You are using on Your mobile device, but that BLING has no obligation to do so. You consent to such automatic upgrading on Your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Application or any copy thereof, and BLING and its third party licensors or suppliers retain all right, title, and interest in and to the Application (and any copy of the Application). Standard carrier data charges may apply to Your use of the Application.
Your use of the Bling Applications may allow you to Virtual Items ("Virtual Items") such as Game Tickets, Raffle Tickets, and Bling Points, in various ways. You do not in fact "own" the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of bitcoin or its equivalent. Rather, by "earning" Virtual Items, You are granted a limited license to use the software programs that manifest themselves as the Virtual Items. In the event BLING encounters issues with the game that impact the accumulation of Virtual Items, BLING reserves the right to correct any such errors. BLING prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade of anything that appears or originates in the Service, unless otherwise expressly authorized by BLING in writing. Accordingly, You may not sublicense, trade, sell or attempt to sell in-game Virtual Items for real money, or exchange Virtual Items for value of any kind outside of a game, without BLING' written permission. Any such transfer or attempted transfer is prohibited and void, and will subject Your Account to termination.
You acknowledge and agree that BLING shall have no liability for loss of Virtual Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party activity. BLING owns, has licensed, or otherwise has rights to use all of the content that appears on or in the Service, including all such content owned by our Rewards Partners and their affiliates. Notwithstanding any provision to the contrary herein, You agree that You have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items therein, whether "earned" in a game or "purchased" from BLING.
You may accumulate points on our platform ("Bling Points") by taking certain actions while using the Services. Bling Points have no monetary value.
For Android users: Bling Points are platform-wide loyalty points earned by taking certain actions, such as by playing games or "liking" certain aspects of the Service. The foregoing list is solely for purposes of example and explanation and is not meant to be exclusive or exhaustive. Bling Points are NOT and WILL NOT be awarded or earned in any way related to or based upon the outcome of any game You play during Your use of the Services.
For iOS users: Bling Points are platform-wide rewards earned for certain outcomes, such as registering a Bling account or winning a game against an opponent.
If you elect to redeem Bling Points in your Bling Account for cryptocurrency, upon request through specific means and subject to minimum amounts and limitations set out in the Service, such cryptocurrency may be paid out to you by Bling (or a third party payment processor on our behalf). Upon submitting your request for payment, Bling may, in its sole discretion, for any reason whatsoever, reject, cancel or terminate such request or payment, as applicable. If your request for payment is approved by Bling, information will be sent to our third party payment processor and such payment will be processed on behalf of Bling using their service. Currently, Bling requires you to use Coinbase to receive the cryptocurrency, and will not honor requests for redemption through any other means. You do not need to have a Coinbase account upon redemption, but will be required to create and validate a Coinbase account to claim your cryptocurrency within 30 days of the redemption request or as required by Coinbase. Coinbase will ask you for certain identification information for compliance reasons during the account creation process. Once we process a redemption request and send the cryptocurrency to the email address You provided, we will deduct the applicable number of Bling Points from your account. Redemption requests are irreversible. You are responsible for setting up your Coinbase account and keeping the account in good status to claim the cryptocurrency. Bling makes a best effort to process redemption requests, but does not ensure that such requests will be honored. To the extent our payment processor rejects the transaction, we will attempt to process the transaction for a few more days. If the payment processor continues to reject the transfer, we will discontinue redemption attempts and will expire your Bling points.
BLING is not responsible for reporting or paying any applicable taxes or processing fees in respect of any Bling Points you redeem for cryptocurrency. You are responsible for and agree to promptly pay, all charges, including applicable taxes and processing fees in respect of any Bling points you redeem for cryptocurrency. Personal information that you submit during the payment process is subject to our Privacy Statement. You may only send one redemption request every seven (7) days.
You agree and accept responsibility for keeping all your BLING Account information current, including email address, Coinbase payout address, and PayPal payout address. Bling reserves the right to change the number of Bling Points awarded, conversion rates, fees and charges associated with the Service at any time and from time to time without any notice to you or any other person or any liability. Bling Points have no cash or monetary value and are non-transferable. You may not sell, trade, barter, bequeath or in any way transfer any Reward to any other party. Any attempt to do so will invalidate the Reward and may result in the termination of Your Account.
The Bling Points Referral Program is subject to change or terminate without notice. You are eligible to earn up to 5% of advertising revenue generated by anyone you refer (a “Referee”) when the Referee signs up as a new member of the Bling platform using your unique invite link, found in the ‘Settings’ menu of any Bling or Playday game. This offer is effective from the time your Referee creates a new Bling account and will last for 6 months from their sign-up date. Only revenue generated while the referee is logged in will be eligible.
Earnings from all qualified referrals will be credited to your Bling account as Bling Points. The USD-equivalent value in Bling Points is calculated at the time the points are issued to the Referrer using the current redemption value. Bling Points are the in-app currency of Bling and have no legal cash value.
Bling will determine whether a Referee qualifies as a new account holder in its sole discretion. Bling also reserves the right to disqualify any Referrer or Referee from our referral program and terminate their account without notice for any reason, including but not limited to fraudulent or unethical behavior, multiple account creation, or violation of Bling's Terms and Conditions. Disqualified Referees will forfeit all points and be ineligible for future referral benefits.
If You do not use your Account by playing a game on a Bling Application to completion at least once every 30 days, Your Account will be deemed inactive. You can, at any time, reactivate Your Account by playing a game on a Bling Application to completion. When an Account has been deemed inactive, BLING may, at its own discretion, expire any Virtual Items, Bling Points, Game Tickets, or Raffle Tickets accumulated by You. Once Your account is deemed inactive, any Rewards which have been purchased but not yet redeemed may also be expired at the discretion of BLING. YOU AGREE THAT BLING AND ITS PARTNERS AND AFFILIATES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY YOU AGAINST ANY LIABILITY FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS (INCLUDING YOURSELF) OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM YOUR INACTIVITY ON THE SERVICE OR ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PAYMENTS FROM BLING.
Occasionally, we partner with third parties ("Reward Partners") to provide additional opportunities for You to earn Virtual Items. Rewards Partners reserve the right, in their sole discretion, to change, amend, suspend, cancel, or terminate any reward program they offer or any aspects and/or terms and conditions thereof, in whole or in part, at any time, with or without notice and for any or no reason. Any such changes may affect Your ability to earn certain Virtual Items that You have accumulated through Your use of the Service. You hereby agree that BLING shall have no liability to You as a result of such action any Rewards Partner.
BLING may terminate or suspend Your Account (including, but not limited to, suspending your ability to earn and redeem Virtual Items) and/or Your access to Service (including, but not limited to, restricting your ability to use the Applications) at any time, including for breach of these Terms, registering with temporary or disposable email services, registering with invalid emails, registering with private domains, using VPNs, playing a game on multiple devices simultaneously, or otherwise, without notice. Upon any such termination, Your access to the Service, including all User Content (as defined below) and Virtual Items, will be disabled and You will lose any Bling Points that you have accumulated. You may cancel Your Account at any time by discontinuing Your use of the Service and/or the Applications. BLING is in no way liable to You for the effects of any termination or cancellation on Your use of the Service or the Virtual Items You have accumulated.
You represent and warrant that You have full right and authority to use the Service and to be bound by these Terms. You agree that You will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein. You undertake that You shall not defraud, or attempt to defraud, BLING or other users, and that You shall not act in bad faith in Your use of the Service. If BLING determines that You do act in bad faith in violation of these Terms, BLING may, at its sole discretion, make adjustments to the number of Bling Points associated with Your Account, terminate Your Account and/or prohibit You from using the Service. By way of example, You specifically agree that You shall not:
The Service and all content thereon or therein are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, BLING and its licensors exclusively own all right, title and interest in and to Service and all content thereon or therein, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. You agree that You shall not:
The Service may contain links to third-party websites or resources that are not owned or controlled by BLING. You acknowledge and agree that BLING is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. BLING does not control nor does it review, research, verify, validate or approve the third-party sites to which the Service may be linked. Such links, therefore, do not imply any endorsement by BLING of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources.
You acknowledge and agree that BLING may update the Service with or without notifying You. BLING may require that You accept updates to the Service and You may also need to update third party software from time to time in order to receive the Service. BLING conducts maintenance work on its system from time to time. A portion, or sometimes all, of the features of the Service will not be available during maintenance periods. All problems encountered during the use of the Service, including those with regard to Your Account, can be reported to BLING when the problem is encountered by emailing us at support@blingfi.com.
THE SERVICES (INCLUDING THE APPLICATIONS) AND ALL CONTENT THEREON OR THEREIN ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, BLING, OUR REWARDS PARTNERS, AND OUR AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS (COLLECTIVELY, THE "BLING PARTIES") EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE BLING PARTIES MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE BLING PARTIES MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE, INCLUDING THE APPLICATION, REMAINS WITH YOU. NEITHER THE BLING PARTIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, WHETHER BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE BLING PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL THE BLING PARTIES' AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, ANY PART THEREOF, OR ANY CONTENT EXCEED FIVE DOLLARS ($5). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BLING AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU
You agree to indemnify, save, and hold the BLING Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Service, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. BLING reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify BLING, and You agree to cooperate with BLING' defense of these claims. BLING will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this Indemnity section will survive any termination of Your Account (if applicable) or of Your access to or use of the Service.
We may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Service, including: (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, this Service; (ii) removing, adding, modifying or otherwise changing any fees or charges arising out of use of this Service or any features of this Service; and (iii) removing, adding, modifying or otherwise changing any content on this Service. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this Service at any time without notice, but confirm that we have no duty to do so.
The following additional terms and conditions apply with respect to any application that BLING provides to you designed for use on an Apple iOS-powered mobile device (an "iOS App"):
The following additional terms and conditions apply with respect to any application that BLING provides to you designed for use on an Android-powered mobile device (an "Android App"):
These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in Orange County, California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms constitute the entire and exclusive understanding and agreement between BLING and You regarding the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between BLING and You regarding the Service.
You may not assign or transfer these Terms, by operation of law or otherwise, without BLING' prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be of no effect. BLING may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by BLING (i) via email (in each case to the address that You provided) or (ii) by posting to the Service via this Site. Any notices or other communications permitted or required hereunder by You, shall be in writing and addressed to BLING Legal Department, 440 N Barranca Ave #1433 Covina, CA 91723. Any notices that You provide without compliance with this section shall have no legal effect.
The failure of BLING to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of BLING. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
THE SECTION TITLES IN THESE TERMS OF SERVICE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.
The parties further agree that any disputes shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND BLING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Disputes will be settled by binding individual arbitration conducted by JAMS. The arbitrator’s decision is final, except for a limited review by courts under the U.S. Federal Arbitration Act, and can enforced like any other court order or judgment.
You have the right to opt out of and not to be bound by the arbitration and class action waiver provisions set forth in these Terms. To exercise this right, you must send written notice of your decision to the following address: Bling Finacnial inc., 440 N Barranca Ave #1433, Covina, CA 91723, U.S.A. Your notice must include your name, mailing address, and email associated with your Bling account, and state that you do not wish to resolve disputes through arbitration. To be effective, this notice must be postmarked or deposited within 30 days of the date on which you first accepted these Terms unless a longer period is required by applicable law; otherwise you will be bound to arbitrate disputes in accordance with this section. You are responsible for ensuring that Bling receives your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt. If you opt out of these arbitration provisions, Bling will not be bound by them with respect to disputes with you.
WARNINGS: READ BEFORE PLAYING OR WATCHING ** Photo-sensitivity / seizures warning ****
A very small percentage of people may experience a seizure when exposed to certain visual images, including flashing lights or patterns that may appear in video games. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these "photosensitive epileptic seizures" while watching video games.
These seizures may have a variety of symptoms, including lightheadedness, altered vision, eyes or face twitching, jerking or shaking of arms or legs, disorientation, confusion or momentary loss of awareness. Seizures may also cause loss of consciousness or convulsions that can lead to injury from falling down or striking nearby objects.
Immediately stop playing and consult a doctor if you experience any of these symptoms. The risk of photosensitive epileptic seizures may be reduced by taking the following precautions: sit farther from the screen, use a smaller screen, play in a well-lit room, do not play when you are drowsy or fatigued.
If you or any of your relatives have a history of seizures or epilepsy, consult a doctor before playing.
