BlitzTime Terms of Use Agreement Last Updated on December 6, 2007 Welcome to BlitzTime, a service which allows people to have short, discrete, scheduled conversations with each other. BlitzTime may be used to interview candidates for a job, connect with old friends, business networking, engaging in topical discussions, choosing a vendor, or any other type of conversation which people can engage in. This Terms of Use Agreement (“Agreement”) describes the terms under which you may access and use the BlitzTime Service which is provided by Blitz Innovations, Inc. (“Company”). By using the BlitzTime Service you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you only browse the BlitzTime web site) or you are a "Member" (which means that you have registered with BlitzTime and established a profile). The term "User" refers to a Visitor or a Member. In order to become a BlitzTime user, you must read and accept all of the terms and conditions of this Agreement and the Privacy Policy. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the BlitzTime web site and discontinue use of the BlitzTime Service immediately. In the event of any inconsistency between the BlitzTime Privacy Policy and this Agreement, this Agreement shall be the controlling document. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this Agreement, you may not use nor access our services. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time without further notice. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the BlitzTime service indicates your acceptance of the amended Agreement. It is your responsibility to regularly check the Site to determine if there have been changes to this Agreement and to review such changes. Eligibility You affirm that BlitzTime is not to be used by minors under the age of 13 or by any users suspended or removed from the system by BlitzTime for any reason. By using BlitzTime and accepting this Agreement, you represent and warrant to BlitzTime that you are 13 years of age or older, and that you have the right, authority and capacity to agree to and abide by this Agreement. Should you be found to be under the age or 13 or a person who has been previously suspended or removed from BlitzTime in the past your profile will be deleted from our systems without prior notice. Term and Termination You affirm that this Agreement shall remain in full force and effect while you use BlitzTime or are a Member. You can close your account through the BlitzTime website. If you close your BlitzTime account, we mark all of your data as “Private” in our database. Entities to whom you have sent an application or with whom you have participated in a blitz will be able to view the information which you provided to them as part of your application or participation in a blitz. However, they will not be able to review your profile, as it has been marked as “Private”. By closing your account, you remove your name from any and all email messages which we will periodically send to our user base to notify them of upgrades and new features. You affirm that we may retain certain data contributed by you if it may be necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law. All retained data will continue to be subject to the terms of the BlitzTime Privacy Policy that you have previously agreed to. Should you determine that closing your account is not enough to protect your privacy, you may request that we purge our systems of all record of your use of the BlitzTime service. To request that we completely eliminate your presence from BlitzTime, please send your request to customer_service@blitztime.com. Please send your request using an email account that you have registered with BlitzTime under your name. You will receive a response to requests sent to customer_service@blitztime.com within three business days of our receiving it. You affirm that BlitzTime may terminate your account at any time, without warning and with or without cause. Furthermore, BlitzTime may bar you from using BlitzTime’s service at any time, without warning and with or without cause. Should you be barred from using BlitzTime your account will be closed. You affirm that even after your account is closed or terminated (by us or by you) this Agreement will remain in effect. Fees Establishing a profile on BlitzTime is free. You acknowledge that BlitzTime reserves the right to charge for the BlitzTime Service or any portion thereof and that BlitzTime reserves the right to change its fees from time to time at its discretion. BlitzTime may discontinue its service or any portion thereof without prior notice. If BlitzTime terminates your account because you have breached this Agreement, you shall not be entitled to the refund of any unused portion of fees you have paid to BlitzTime. Password When you sign up to BlitzTime you will also be asked to choose a password. You affirm that you are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another user at any time or to disclose your password to any third party. You agree to notify BlitzTime immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. BlitzTime cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Use of Service You affirm that you may not have more than one active account. Additionally, you are prohibited from selling, trading, or otherwise transferring your BlitzTime account to another party. User Conduct You affirm that you understand and agree that the following activities are not allowed on BlitzTime: - Falsely stating or otherwise misrepresenting your identity. - Impersonating another person either in your profile or in a conversation - Purporting to be an animal, place, inanimate object, fictional character, or real individual that is not you. - Falsely stating or otherwise misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present. - Posting of content, linking to content or initiating conversations which are unlawful, libelous, threatening, infringing, vulgar, hateful, abusive, obscene, discriminatory or invasive of privacy or publicity rights. - Conspiring to perform illegal acts including, but not limited to, conspiring to violate laws or commit fraud. - Stalking or harassing anyone. - Uploading, posting, linking to or otherwise making available any content which includes information that you do not own or have the right to disclose or make available under any law. - Uploading, posting, transmitting, sharing, storing or otherwise making publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers - Uploading any software viruses, files or programs (or material which contains said viruses, files or programs) designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. - Dissemination of confidential or insider information learned or disclosed as part of employment relationships or under nondisclosure agreements. - Posting content in incorrect fields. Example: Putting a phone number in a name field. - Uploading, posting or sending “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any form of solicitation which may be prohibited by law. - Sending messages to distribution lists or group/newsgroup aliases. - Harvesting or collecting email addresses or other contact information of other users from BlitzTime by electronic means for the purposes of sending unsolicited emails or other unsolicited communications - Using the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site - Using automated scripts to collect information from or otherwise interact with the BlitzTime service or site BlitzTime Owned Content You affirm that all content on the site and available through BlitzTime, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Content within BlitzTime or on BlitzTime’s site may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Owned Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. You affirm that any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause. User Owned Content Rights and Obligations BlitzTime does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to BlitzTime. After posting your Content to BlitzTime, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through BlitzTime, you hereby grant to Blitz Innovations, Inc. an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, translate, excerpt, reformat, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through BlitzTime. All information publicly posted or privately transmitted through BlitzTime is the sole responsibility of the person from which such content originated. BlitzTime will not be liable for any errors or omissions in any content. BlitzTime cannot guarantee the identity of any other users with whom you may interact in the course of using the BlitzTime Service. Additionally, we cannot guarantee the authenticity of any information which users may provide about themselves or relationships they may describe. You affirm that BlitzTime assumes no responsibility for monitoring the profiles, postings or conversations for inappropriate Content or conduct. Should you believe that you have participated in an inappropriate conversation or seen inappropriate content you can contact our Customer Service Department to let us know of content or conversation that you found objectionable. If at any time BlitzTime chooses, in its sole discretion, to monitor the profiles, postings or conversations on Blitztime, BlitzTime nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on or through BlitzTime. You are also solely responsible for any material or information that you transmit to other people and for your interactions with other people within BlitzTime. BlitzTime does not endorse and has no control over the Content. Content is not reviewed by BlitzTime prior to posting and does not necessarily reflect the opinions or policies of BlitzTime. BlitzTime makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other people. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Content you post or store on the site or provide to BlitzTime. BlitzTime does not guarantee that your content will be available for download or viewing at all times. Copyrighted Material You affirm that you may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Should we be made aware that you have posted copyrighted content for which you do not hold the copyright we reserve the right to remove the copyrighted content and bar you from using BlitzTime in the future. If you are a copyright owner or are the legal agent of a copyright owner who believes that your copyrighted information has been posted on BlitzTime you may contact our legal department at the following address: Copyright Review Department, Blitz Innovations, Inc., 969 Main St, Suite 208, Walpole, MA 02081 Member Disputes You affirm that you are solely responsible for your interactions with others within BlitzTime. BlitzTime reserves the right, but has no obligation, to monitor disputes between you and other users. International Use Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Third Party Services BlitzTime reserves the right to offer third party services and products to you based on the preferences that you identify in your profile and at any time thereafter. Such offers may be made by BlitzTime or by third parties. You affirm that by using BlitzTime you may be solicited by third party services based on our privacy policy. Without limiting any of the other disclaimers of warranty set forth in this Agreement, BlitzTime does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through BlitzTime, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider. Access to Service Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the BlitzTime website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses. BlitzTime Communications In the course of providing you services, BlitzTime may need to communicate with you via email. You agree to receive emails which are specific to your account and necessary for the normal functioning of the BlitzTime Service. Please see our Privacy Policy to learn more about communications between you and BlitzTime. Indemnification You agree to indemnify and otherwise hold harmless Blitz Innovations, Inc. its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the BlitzTime Service; ii) unauthorized access to or alteration of your communications with or through the BlitzTime Service, or iii) any other matter relating to BlitzTime. Any business transactions which may arise between you and another party from your use of BlitzTime are the sole responsibility of the users involved. Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that BlitzTime may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of BlitzTime, its users, and the public. Disclaimer of Warranties YOU UNDERSTAND AND AGREE THAT THE BLITZTIME SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT BLITZTIME DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. BLITZTIME ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. BLITZTIME EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BLITZTIME IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON BLITZTIME OR IN CONNECTION WITH THE BLITZTIME SERVICES, WHETHER CAUSED BY USERS OF BLITZTIME OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE BLITZTIME. PROFILES AND POSTINGS CREATED AND POSTED BY USERS ON BLITZTIME MAY CONTAIN LINKS TO OTHER WEBSITES. BLITZTIME IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED ON SUCH WEBSITES, AND SUCH WEBSITES ARE IN NO WAY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY BLITZTIME. INCLUSION OF ANY LINKED WEBSITE ON BLITZTIME DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY BLITZTIME. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. BLITZTIME TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS WHICH ARE POSTED ON BLITZTIME, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS. BLITZTIME IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF BLITZTIME. BLITZTIME ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER OR MEMBER COMMUNICATION. BLITZTIME IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON BLITZTIME OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH BLITZTIME. UNDER NO CIRCUMSTANCES SHALL BLITZTIME BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF BLITZTIME, ATTENDANCE AT A BLITZTIME EVENT, FROM ANY CONTENT POSTED ON OR THROUGH BLITZTIME, OR FROM THE CONDUCT OF ANY USERS OF BLITZTIME, WHETHER ONLINE OR OFFLINE. BLITZTIME MAKES NO WARRANTY THAT (i) THE BLITZTIME SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE BLITZTIME SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE BLITZTIME SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE BLITZTIME SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BLITZTIME SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLITZTIME OR THROUGH OR FROM THE BLITZTIME SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLITZTIME SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LINKEDIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL BLITZTIME’S TOTAL CUMULATIVE DAMAGES EXCEED US$ 100. IN ADDITION, YOU AFFIRM THAT THERE ARE RISKS, INCLUDING BUT NOT LIMITED TO THE RISK OF PHYSICAL HARM, OF DEALING WITH STRANGERS, FOREIGN NATIONALS, UNDERAGE PERSONS OR PEOPLE ACTING UNDER FALSE PRETENSES. YOU ASSUME ALL RISKS ASSOCIATED WITH DEALING WITH OTHER PEOPLE WITH WHOM YOU COME IN CONTACT THROUGH BLITZTIME. BY ITS VERY NATURE, OTHER PEOPLE'S INFORMATION AND CONVERSATIONS MAY BE OFFENSIVE, HARMFUL OR INACCURATE, AND IN SOME CASES WILL BE MISLABELED OR DECEPTIVELY LABELED. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE WHEN USING BLITZTIME TO INTERACT WITH OTHERS. BECAUSE USER AUTHENTICATION ON THE INTERNET IS DIFFICULT, BLITZTIME CANNOT AND DOES NOT CONFIRM THAT EACH PERSON WITH WHOM YOU INTERACT WITH ON BLITZTIME IS WHO THEY CLAIM TO BE. BECAUSE WE DO NOT AND CANNOT BE INVOLVED IN USER-TO-USER DEALINGS OR CONTROL THE BEHAVIOR OF PARTICIPANTS ON BLITZTIME, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE BLITZTIME (AND OUR AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL AND DIRECT AND INDIRECT) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. Entire Agreement The Agreement constitutes the entire agreement between you and BlitzTime and governs your use of the BlitzTime Service, superseding any prior agreements between you and BlitzTime. Governing Law The Agreement between you and Blitz Innovations, Inc. will be governed by and construed in accordance with the laws of the State of Delaware without regard to conflict of laws principles. General Information BlitzTime, the BlitzTime logo, and other BlitzTime logos and names are trademarks of Blitz Innovations, Inc.. You agree not to display or use these trademarks in any manner without BlitzTime’s prior, written permission. The section titles of this Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the Agreement to: Blitz Innovations, Inc. Attn: Terms of Use Issues 969 Main St, Suite 208 Walpole, MA 02081