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Terms
of Use
User Agreement
Please Read the agreement.
CONTENT agreement
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This is a legal contract between
you and Blitz. By downloading
content from our
website, you have agreed to be bound
by the terms of this Agreement in
respect of that
content. If you do not accept or
agree with these terms do not download
Blitz.
Blitz is provided under the
terms of the following agreement
("Agreement") that
states what you may and may not
do with Blitz and contains
limitations on
warranties and remedies.
Only you are permitted to use Blitz.
Any additional persons who wish
to use
Blitz must download it from
the Blitz website themselves.
Within this
Agreement, "Blitz ", "we",
"our" and "us" refers to Blitz,
and "you" and
"your" refers to you, the customer.
1. This Agreement
governs your use of Blitz
's content, or other material that
you are downloading from the Blitz
website in conjunction with you
entering into this Agreement
with Blitz ("content").
2. We hereby grant
to you a non-exclusive, non-transferable
license to use Blitz
on the terms and conditions contained
in this Agreement. Unless the activity
is expressly
permitted, you cannot do it. All
other rights to and in Blitz
and accompanying materials
(if applicable), including, without
limitation, all intellectual property
rights relating thereto, are retained
by Blitz or its Members, as
the case may be.
PERMITTED USES:
3. You may:
(a) Install Blitz in only
one location; you may physically
transfer Blitz and
its archives from one location to
another, however it may only be
used in one location
at a time;
(b) Use Blitz to send data
such as SMS text messages, pictures
and emails fbetween mobile phones
or emails to computers.
PROHIBITED USES:
4. You may not do anything with Blitz
that is not expressly permitted.
You may not
provide a copy of Blitz, or
any portions thereof, to anyone
or allow anyone to gain
access to Blitz, or any portion
thereof, except as permitted above.
For greater certainty,
you may not:
(a)
Use Blitz for resale, including,
without limitation to, websites,
advertising agencies, film and video
companies or as derivative work
other than as permitted templates,
flash templates, and brochure
design templates;
(b) Use Blitz or any part thereof
as part of a trade-mark or design-mark;
(c) Incorporate Blitz in any
product that results in a re-distribution of Blitz (such as
electronic greeting card web sites);
(d) Use Blitz
in a fashion that is considered
by Blitz (acting reasonably)
as pornographic, obscene, defamatory
or libelous in nature or to a person
in a potentially
sensitive subject matter, including,
but not limited to mental and physical
health issues, social issues, contraband
or crime;
(e) To the extent that source code
is contained within Blitz
or accompanying materials
(if applicable), reverse engineer,
decompile, or disassemble any part
of such source code;
(f) Remove any notice of
copyright, trade-mark or other proprietary right from any place
where it
appears on or in Blitz or its accompanying materials;
(g) Sub-license, re-sell, rent,
lend, or otherwise distribute Blitz;
(h) Post a copy of Blitz on a
network server or web server for use by other users; or
(i) Transfer the rights to
Blitz
or accompanying materials (if applicable), except as specifically
provided for elsewhere in this Agreement.
ADDITIONAL ROYALTY:
5. Notwithstanding anything to the
contrary herein, you agree that in the event that you or a
Related
Party (as defined in the Income Tax Act (United Kingdom) either
individually or in
combination reproduces Blitz, or an element
of Blitz, you shall be required to pay an
additional royalty
fee equal to £5000 for each reproduction.
This additional royalty does not
apply
to advertisements in magazines, newspapers or
websites.
6. You further agree to notify
Blitz in the event that you (or a combination of you and
Related Parties) reproduce Blitz, or an element of Blitz.
7. Blitz shall invoice you for
the fees associated with such use and you agree to pay such
invoice within 30 days of receipt.
TERM:
8. This Agreement is effective
until it is terminated. You can terminate this Agreement by
destroying Blitz, and any Derivative Works related thereto,
along with any copies or
archives of it or accompanying materials
(if applicable), and ceasing to use Blitz, and any
Derivative Works related thereto, for any purpose. The Agreement also
terminates if at any time
you fail to comply with the terms of
this Agreement. Upon termination of this Agreement, you
hereby
agree to destroy all copies of Blitz, to cease using
Blitz,
for any purpose.
9. Termination of this Agreement
does not relieve you of your responsibilities to pay any amounts
due to Blitz under this agreement or your obligations to not use
Blitz, other than in
the manner permitted under this Agreement.
LIMITED REPRESENTATIONS AND
WARRANTIES:
10. BLITZPPLANET AND ACCOMPANYING
MATERIALS (IF APPLICABLE) ARE PROVIDED
"AS IS" WITHOUT REPESENTATION, WARRANTY
OR CONDITION OF ANY KIND, EITHER
EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED REPRESENTATIONS,
WARRANTIES
OR CONDITIONS OF MERCHANTABILITY,
OR FITNESS FOR A PARTICULAR PURPOSE.
BLITZPPLANET DOES NOT REPRESENT
OR WARRANT THAT BLITZPPLANET WILL
MEET YOUR REQUIREMENTS OR THAT ITS
USE WILL BE UNINTERRUPTED OR ERROR
FREE. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF BLITZPPLANET
IS WITH YOU. SHOULD BLITZPPLANET
PROVE DEFECTIVE, YOU (AND NOT BLITZPPLANET)
ASSUME THE ENTIRE COST OF ALL NECESSARY
CORRECTIONS.
11. Certain jurisdictions do not
allow the exclusion of implied warranties, so the above exclusion
may not apply to you. You have specific rights under this
warranty, but you may have others,
which vary from jurisdiction to
jurisdiction. LIMITATION OF REMEDIES & LIABILITY:
12. Blitz's entire liability and
your exclusive remedy, with respect to any claims arising out of
your use of Blitz or accompanying
services such as the services of
third party data connection providers
shall be as follows: (a) You may,
upon request to Blitz , be
permitted to download Blitz
again, at a location Blitz
will provide for you;
13. IN NO EVENT SHALL BLITZPPLANET
OR ANY OF ITS DIRECTORS, OFFICERS,
EMPLOYEES,
SHAREHOLDERS,
PARTNERS, OR AGENTS BE LIABLE FOR
ANY INCIDENTAL, INDIRECT, PUNITIVE,
EXEMPLARY,
OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING DAMAGES FOR LOSS OF
PROFITS,
INTERRUPTION, LOSS OF BUSINESS INFORMATION,
OR ANY OTHER PECUNIARY LOSS)
IN CONNECTION
WITH ANY CLAIM, LOSS, DAMAGE, ACTION,
SUIT OR OTHER PROCEEDING
ARISING
UNDER OR OUT OF THIS AGREEMENT,
INCLUDING WITHOUT LIMITATION YOUR
USE OF,
RELIANCE
UPON, ACCESS TO, OR EXPLOITATION
OF Blitz, OR ANY PART THEREOF,
OR ANY
RIGHTS
GRANTED TO YOU HEREUNDER, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH
DAMAGES, WHETHER THE ACTION IS BASED
ON CONTRACT, TORT (INCLUDING
NEGLIGENCE),
INFRINGEMENT OF INTELLECTUAL PROPERTY
RIGHTS OR OTHERWISE.
14. IN ANY EVENT, THE TOTAL MAXIMUM
AGGREGATE LIABILITY UNDER THIS AGREEMENT,
THE AGREEMENT PROVIDED HEREUNDER,
OR THE USE OR EXPLOITATION OF ANY
OR ALL OF BLITZPPLANET IN ANY MANNER
WHATSOEVER SHALL BE LIMITED TO THE
FEES ACTUALLY PAID BY YOU TO BLITZPPLANET
UNDER THIS AGREEMENT IN RESPECT
OF THE USE OF Blitz.
INDEMNIFICATION:
18.
You agree to indemnify and hold
Blitz harmless against all
claims or liability asserted against
Blitz arising out of or in
connection with any breach by you
or anyone acting on your behalf
of any of the terms of this Agreement.
GENERAL:
19. If any provision or part
thereof of this Agreement is wholly or partially unenforceable the
parties
or, in the event the parties are unable to agree, a court
of competent jurisdiction, shall put in
place thereof an
enforceable provision or provisions, or part thereof, that as
nearly as possible
reflects the terms of the unenforceable
provision or part thereof.
20. You agree to pay and be
responsible for any and all sales taxes, use taxes, value added
taxes
and duties imposed by any jurisdiction as a result of the
license granted to you, or of your use
of Blitz, pursuant to
this Agreement.
21. Blitz reserves the right to
elect at a later date to replace Blitz with an alternative
or upgrade for any reason. Upon notice, sent to the address or
contact information provided by
you at the time Blitz was
downloaded, or such other address as you may advise us in
writing to use, from time to time, of such replacement, the license for
the replaced content
terminates for any products that do not
already exist, and this license automatically applies to
the replacement content. You agree not to use the replaced content,
for future products and
to take all reasonable steps to
discontinue use of the replaced content, or any Derivative Works
related thereto, in products that already exist.
JURISDICTION & ARBITRATION:
22. This Agreement will be
governed under the laws of the United Kingdom applicable therein
(without reference to conflicts of laws principles). This
Agreement will not be governed by the
United Nations Convention on
Contracts for the International Sale of Goods, the application of
which is expressly excluded. You consent to service of any
required notice or process upon you
by registered mail or
overnight courier with proof of delivery notice, addressed to the
address
or contact information provided by you at the time
Blitz
was downloaded, or such other
address
as you may advise us in writing
to use, from time to time.
23. Any and all disputes arising
out of, under or in connection with this Agreement, including
without limitation, its validity, interpretation, performance and
breach, shall be submitted to
arbitration in the UK, pursuant to
the rules of the Arbitration Act (UK) in effect at the time
arbitration is demanded.
24. If Blitz is obligated to go
to court, rather than arbitration, to enforce any of its rights,
or
to collect any fees, you agree to reimburse Blitz for its
legal fees, costs and
disbursements if Blitz is successful.
25. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT,
UNDERSTAND IT, AND AGREE TO
BE BOUND BY ITS TERMS AND CONDITIONS.
YOU FURTHER AGREE THAT IT IS THE COMPLETE
AND EXCLUSIVE STATEMENT
OF THE AGREEMENT BETWEEN YOU AND Blitz , WHICH
SUPERSEDES ANY
PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER
COMMUNICATION BETWEEN YOU AND Blitz RELATING TO THE SUBJECT OF
THIS
AGREEMENT.
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