Store Owner's Agreement
Blitizit LLC, a California limited liability company (sometimes herein "Blitzit," "Blitzit.com," "We," "Us" or "Our"), offers services through the domain http://www.blitzit.com and mobile applications (herein the "Site"). By registering online with Blitzit, you ("Merchant," "You" or "Your," which collectively includes You and any other entity you may be representing) agree to abide by the Terms of Service ("Terms") outlined below. Your registration with Blitzit as a Merchant constitutes a binding agreement between You and Blitzit ("Agreement").
Blitzit provides web/mobile applications that allow Merchants to….(DESCRIPTION OF SERVICES) offer spontaneous, on-the-spot deals (up to one deal per day) to all Blitzit subscribers (individually and collectively, "Services").
General
This Agreement sets forth the legally binding terms for your use of the Services and they shall apply to all Merchants that use the Site, including users who are also contributors of content information, and other materials or services on the Site. By using the Services, you agree to be bound by this Agreement. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE THE SITE AND DISCONTINUE USE OF THE SERVICES IMMEDIATELY. IF YOU WISH TO BECOME A MERCHANT AND MAKE USE OF THE SERVICES, YOU MUST READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE DURING THE REGISTRATION PROCESS.
In order to participate in certain Services, you may be notified that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement as an integral part hereof.
Blitzit may modify this Agreement from time to time and such modification shall be effective upon posting by Blitzit on the Site. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly upon each use of the Services to ensure you are updated as to any changes.
A breach or violation of these Terms, at the sole discretion of Blitzit, may result in immediate termination of Your Services. We reserve the right to modify or terminate the Service for any reason, without notice, at any time.
Eligibility
Use of and membership in the Services is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your profile may be deleted and your membership may be terminated without warning, if we believe that you are less than 18 years of age.
By purchasing Services the user declares and represents that he/she is more than 18 years of age and that he/she has full legal capacity to complete such contractual action without need of any additional approvals or consents.
Provided Services
Services may include, but not be limited to, the formation, designing, storage, management, sharing and linking of media and/or document files (including, but not limited to text, user comments, messages, information, data, graphics, photographs, images, illustrations, animations, software, audio and video, also collectively known as the "Content"). Please note that part of the Services (or special features) are provided only to Merchants who subscribe for such Services and Blitzit charges fees for Services. The Services are provided by Blitzit AS IS and Blitzit assumes no responsibility for any failure in providing the Services to the Merchants.
Blitzit may change, suspend or discontinue any or all of the Services or any Content for any reason, at any time, including the availability of any feature or part of the Content at its sole discretion. Blitzit may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability. Blitzit charges fees for the use of the Services or part of them and may include advertisements or other commercial content in any Blitzit product or image or webpage including such which have been created by Merchant's unless stated otherwise. The Services provided by Blitzit are provided according to the provisions of this Agreement and the specific commercial provisions and policies (including the Cancellation Terms) as detailed on the Site, and such provisions and policies as may be amended of changes from time to time, are incorporated herein by reference and shall be considered as an integral part hereof.
General Undertakings
You accept sole responsibility for all of your activities using the Site, including your conduct on the site and any and all content you may submit, post or share via the Site. You will not use the Site or Services for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws of your jurisdiction, including but not limited to copyright laws. You will not upload or transmit viruses, worms or any other destructive code.
You are responsible for any customization of Your Blitzit online storefront ("Storefront") if you elect to subscribe to this feature. You are responsible for managing all products/services, including information about the service, product, product variants, product images. You must correctly and accurately describe all products/services listed in Your Blitzit Storefront. You are responsible for all activity and content (data, graphics, photos, links) that are uploaded under Your Blitzit account.
We may, but have no obligation to, remove content and accounts containing content that We determine at Our sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms.
Fulfillment is the Merchant's sole and full responsibility. All products/services offered through Blitzit must be fulfilled by the Merchant in a timely manner, unless otherwise agreed by the Merchant and its buyer. Failure to honor products/services offered through Blitzit may cause Merchant to be suspended.
You will be responsible for payment of all applicable sales, use and other taxes and government charges, whether federal, state or foreign, for all sales offered through Your Blitzit Storefront.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service without the express written permission of Blitzit.
You agree to not sell or rent any purchasers' information to any third-party companies. This includes Name, Email, Address and Phone Number.
Site Access
Blitzit hereby grants you permission to use the Site as set forth in this Terms of Service, provided that: (i) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose and/or in a manner allowed by Blitzit; and (ii) you will otherwise comply with the terms and conditions of these Terms of Service. In order to access some features of the Site, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You accept sole responsibility for keeping your password secure. You must notify Blitzit immediately of any breach of security or unauthorized use of your account. Although Blitzit will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Blitzit or others due to such unauthorized use.
Third Party Services
You are fully aware of the fact that Blitzit shall not have any responsibility or liability with regard to any third party services used by you on or through your Blitzit formed content, such as payment and e-commerce services and any use of such third party services shall be at your own responsibility and liability. You further acknowledge that the providence of technical ability to link to such services (such as the possibility of a 'PayPal' button), are provided only as part of the Services but shall not be deemed as to create any liability or responsibility on behalf of Blitzit.
Fees and Payment
The Services offered on the Site require payment of fees ("Charged Services"). If you elect to sign up for Charged Services, you shall pay all applicable fees, as described on the Site in connection with such Charged Services selected by you. Blitzit reserves the right to change its prices and at any time. You authorize Blitzit directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information as provided while signing up for such Services.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of the Services and payments made by you to Blitzit.
All fees related to using Charged Services are charged automatically using the payment method as determined in the Site. If Blitzit does not receive a request for Charged Services termination in writing, you acknowledge and understand that Blitzit will continue to charge you for the Charged Services as long as your account remains active regardless if the Charged Services are used or not.
If, at any time, you contact your bank or credit card company and decline or otherwise reject the charge of any payable fees, this act will be considered a breach of your obligation hereunder and your use of the Charged Services will be automatically terminated. Your use of the Charged Services will not resume until you re-subscribe for any such Charged Services.
Cancellation & Money Back
The Blitzit Charged Services are provided on a prepay basis. Blitzit users may decide to discontinue their use of any Charged Services at any time. Such cancellation is done by the Merchants themselves on the Blitzit Site and according to the instructions posted therein. Accordingly, there is no point in addressing the Blitzit Support team in connection with cancellations. The date and time of any cancellation of the use of any Charged Services shall be the date and time on which the user has completed the cancellation process on the Blitzit Site.
Intellectual Property Rights
The Content on the Blitzit Site (as defined above), except all Merchant Submissions (as defined below), is subject to copyright and other intellectual property rights under local and international laws conventions. To the best of its knowledge, Blitzit uses only Content which is allowed and permitted for use by the owner/s of the copyrights and other intellectual property rights therein. Content on the Site is provided to you AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners (if such consent is required) (outside of a Blitzit document). Blitzit reserves all rights not expressly granted in and to the Site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Merchant Submissions of third parties obtained through the Site for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security- related features of the Blitzit Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Blitzit Site or any of the Content therein.
Merchant Submissions
The Blitzit Site may now or in the future permit the submission of Content submitted by you and other users ("Merchant Submissions") and the hosting, sharing, and/or publishing of such Merchant Submissions. You understand that whether or not such Merchant Submissions are published, Blitzit does not guarantee any protection with respect to any submissions.
YOU UNDERSTAND THAT ALL MERCHANT SUBMISSIONS ARE THE SOLE RESPONSIBILITY OF THE MERCHANT UPLOADING SUCH CONTENT. YOU, AND NOT BLITZIT, ARE ENTIRELY RESPONSIBLE FOR ALL CONTENT THAT YOU UPLOAD, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE VIA THE SERVICE. BLITZIT DOES NOT CONTROL THE CONTENT POSTED VIA THE SERVICE AND, AS SUCH, DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF SUCH CONTENT OR THAT IT'S UPLOADING DOES NOT INFRINGE ANY THIRD PARTY RIGHTS. WHILE BLITZIT IS NOT RESPONSIBLE FOR AND DOES NOT REVIEW THE MERCHANT SUBMISSIONS, BLITZIT RESERVES THE RIGHT TO DELETE ANY SUCH USER SUBMISSIONS THAT BLITZIT DEEMS, IN ITS SOLE DISCRETION, RACIST, HURTING, ILLEGAL, OR UNACCEPTABLE FOR ANY REASON AND WITH NO NEED TO PROVIDE EXPLANATIONS.
Blitzit does not claim any intellectual property rights over the Merchant Submissions and any such Submissions shall be considered as granted the rights under the user selection for the copyrights in the appropriate selection in the Blitzit Site. With respect to Submission you submit or make available for inclusion on publicly accessible areas of the Blitzit Site, the Submission shall be deemed and considered as license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Submissions on such publicly accessible areas of the Blitzit Site and Service and might also be accessible from other websites.
With respect to Submission you submit or make available for editing by other users of the Blitzit Site, the Submission shall be deemed and considered as license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Submissions on such publicly accessible areas of the Blitzit Site and Service and might also be accessible from other websites. Such license shall be terminated only upon removal of such User Submissions (either by the user or by Blitzit).
IN CONNECTION WITH MERCHANT SUBMISSIONS, YOU FURTHER AGREE THAT YOU WILL NOT: (I) SUBMIT MATERIAL THAT IS COPYRIGHTED OR OTHERWISE SUBJECT TO THIRD PARTY PROPRIETARY RIGHTS, INCLUDING PRIVACY AND PUBLICITY RIGHTS, UNLESS YOU ARE THE OWNER OF SUCH RIGHTS OR HAVE PERMISSION FROM THEIR RIGHTFUL OWNER TO POST THE MATERIAL AND TO GRANT BLITZIT AND/OR ANY OF ITS USERS ALL OF THE LICENSE RIGHTS GRANTED HEREIN; (II) PUBLISH FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE BLITZIT OR ANY THIRD PARTY; (III) SUBMIT MATERIAL THAT IS UNLAWFUL, OBSCENE, DEFAMATORY, LIBELOUS, THREATENING, PORNOGRAPHIC, HARASSING, HATEFUL, RACIALLY OR ETHNICALLY OFFENSIVE, OR ENCOURAGES CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, VIOLATE ANY LAW, ENCOURAGES USE OF DRUGS OR ALCOHOL, OR IS OTHERWISE INAPPROPRIATE; (IV) POST ADVERTISEMENTS OR SOLICITATIONS OF BUSINESS: (V) IMPERSONATE ANOTHER PERSON. Blitzit does not endorse any Merchant Submission or any opinion, recommendation, or advice expressed therein, and Blitzit expressly disclaims any and all liability in connection with Merchant Submissions.
BLITZIT DOES NOT PERMIT COPYRIGHT INFRINGING ACTIVITIES AND INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ON ITS SITE, AND BLITZIT WILL REMOVE ALL CONTENT AND USER SUBMISSIONS IF PROPERLY NOTIFIED THAT SUCH CONTENT OR USER SUBMISSION INFRINGES ON ANOTHER'S INTELLECTUAL PROPERTY RIGHTS.
Repeat Infringer: Blitzit reserves the right to remove Content and Merchant Submissions without prior notice. Blitzit will also terminate a Merchant's access to its Site, if they are determined to be a repeat infringer. A repeat infringer is a Merchant who has been notified of infringing activity more than twice and/or has had a Merchant Submission removed from the Site more than twice. Blitzit also reserves the right to decide whether Content or a Merchant Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law. Blitzit may remove such Merchant Submissions and/or terminate a Merchant's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
Additional Prohibited Uses
In addition to all the above prohibitions, You agree that you will NOT knowingly use the Service, among other things, to:(a) harm minors in any way;
(b) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) upload, post, email, transmit, or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(d) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(e) "Spamming" to promote your website or Content, or engaging in unethical marketing, advertising, any other practice connected in any way to "spam" or sending content or emails which do not comply with the CAN-SPAM Act of 2003;
(f) upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or
(g) intentionally or unintentionally violate, attempt to violate, or avoid any applicable ICANN regulation or policy.; You agree to indemnify and hold Blitzit harmless from any claims resulting from the use of the Services, which damages You or any other party. Blitzit reserves the right to investigate You, Your business, and/or your owners, officers, directors, managers, and other principals, Your sites, and the materials comprising the sites at any time. These investigations will be conducted solely for Blitzit benefit, and not for Your benefit or that of any third party. If the investigation reveals any information, act, or omission, which in Blitzit's sole opinion, constitutes a violation of any local, state, federal, or foreign law or regulation, or these Terms of Service, Blitzit may immediately terminate Your Service, and notify You of the action. You agree to waive any cause of action or claim You may have against Blitzit for such action.
Warranty Disclaimer & Limitation of Liability
YOU AGREE THAT YOUR USE OF THE BLITZIT SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BLITZIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. BLITZIT MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE.
IN NO EVENT SHALL BLITZIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BLITZIT SITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
BLITZIT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY MERCHANT THROUGH THE BLITZIT SITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BLITZIT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND PURCHASERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
BLITZIT DOESN'T RECOMMEND THE USE OF THE SITE FOR HOSTING OF PERSONAL CONTENT AND SHALL NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE TO ANY MERCHANT CONTENT.
BLITZIT MAKES NO REPRESENTATIONS THAT THE BLITZIT SITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE BLITZIT SITE FROM JURISDICTIONS PROHIBITING SUCH USE, DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
Indemnity
You agree to defend, indemnify and hold harmless Blitzit, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Blitzit Site; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Merchant Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Blitzit Site.
Events Beyond Control
Under no circumstances shall Blitzit be held liable for any delay or failure in this Site and/or any of the Services and/or information on the Site directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of Blitzit, including, without limitation, Internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of Limitation of Liability section as stipulated above.
Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Blitzit without restriction or limitations.
Additional Terms
You agree that: (i) the Blitzit Site shall be deemed solely based in California; and (ii) the Blitzit Site shall be deemed a passive Site that does not give rise to personal jurisdiction over Blitzit, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Blitzit that arises in whole or in part from the Blitzit Site shall be decided exclusively by a court of competent jurisdiction located in Los Angeles, CA. These Terms, together with the Privacy Policy and any other legal notices published by Blitzit on the Site, shall constitute the entire agreement between you and Blitzit concerning the Blitzit Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and Blitzit's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AND BLITZIT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BLITZIT SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
By registering to the Blitzit Site and providing your email address, you expressly agree to receive promotional content from Blitzit, by email, forum time to time. If you provide Blitzit with your phone number (at any stage of use of the Services), Blitzit shall be entitled to send you promotional SMS notices form time to time. If you wish not to receive such promotional content/notices, you may notify Blitzit at any time.
Customer Service Contact
To get in touch with our Customer Service, - please use any of the options listed below:1. Send an email message to: support@Blitzit.com
2. Call us at By Phone: 855-BLITZIT
3. Send us a Letter to: Blitzit LLC, 28494 Westinghouse Place, Suite 211, Valencia, CA 91355