Effective Date: February 1, 2017
1. Use and Restrictions
In addition, you may not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit the Software; (ii) decompile, disassemble, copy, modify, attempt to discover the source code or reverse engineer any portion of the Software or permit any third parties to do so; (iii) use the Software to send spam or otherwise duplicative, unsolicited or fraudulent messages in violation of applicable law; (iv) use the Software to send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (v) use the Software to send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vi) intentionally interfere with or disrupt the integrity or performance of the Software; or (vii) share authentication credentials with or access to the Software with any person or entity, or share any authorization credentials between multiple users.
3. Intellectual Property Rights
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Software are proprietary to PitchKount, its subsidiaries and affiliates, or such marks’ respective owners. You must not display or reproduce the Marks other than with the prior written consent of PitchKount. You must not remove or otherwise modify any trademark notices or other proprietary notices from any Content.
You must not upload or provide any content that infringes the intellectual property rights of any third party, and you agree to defend and indemnify PitchKount and its affiliates from and against any liabilities associated with a claim that content that you upload or provide infringes any third party intellectual property rights.
4. Your Account
To access and use the Software, you are required to create an account (“Account”) by providing your name, email address, password, telephone number and, if applicable, credit or debit information. You agree to provide us with true, current and accurate information in your Account, and to promptly update your Account if any of the information associated with your Account has changed.
5. User Data
You will retain all ownership of the data that you submit to the Software in the course of this Agreement (“User Data”). You are solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, or intellectual property ownership or right to use any User Data. PitchKount cannot guarantee or be responsible for any damage or loss related to the accuracy or completeness of the Content or User Data. PitchKount assumes no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the Content or other information or materials available via the Software. You grant to PitchKount an irrevocable, non-exclusive, royalty-free, fully paid up, perpetual, worldwide license, with the right to sublicense, use, reproduce, publish, distribute, perform, and display User Data for the purpose of: (i) providing you services; (ii) making certain User Data available to other PitchKount customers or users as part of providing services to such customers or users; and (iii) providing User Data in aggregate form to third parties, provided, however, that such aggregate information will not include information which could be used to identify you. PitchKount may access User Data to service or respond to technical issues with the Services.
6. Your Responsibilities
You are responsible for all activity occurring under your Account and shall comply with all applicable laws and regulations in connection with your use of the Software, including but not limited to those related to data privacy, international communications, the transmission of technical or personal data and export control laws and regulations.
You shall: (i) notify PitchKount immediately of any unauthorized use of any password or Account or any other known or suspected breach of security with respect to the Software; (ii) report to PitchKount immediately and use reasonable efforts to stop immediately any copying or distribution or misuse of the Software or Content, that you become aware of or that you suspect; and (iii) not impersonate another user or provide false identity information to gain access to or use the Software.
You represent and warrant that you have obtained all necessary parental consents or third party consents needed to provide User Data to PitchKount. You shall comply with all applicable law, rules and regulations, including but not limited to all data privacy laws, such as, for example, the Children’s Online Privacy Protection Act of 1998.
You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing PitchKount with your credit card number or debit card number and associated payment information, you agree that PitchKount is authorized to immediately invoice your Account for all fees and charges due and payable to PitchKount under these Terms of Service and that no additional notice or consent is required.
9. Links to Third Party Websites
The Software may contain links to websites and other resources operated by third parties other than PitchKount. Any such links are provided solely as a convenience to you. PitchKount does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to any third party websites on the Software does not imply our endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person.
10. Warranties and Disclaimer
11. Limitation of Liability
PITCHKOUNT AND ITS AFFILIATES OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH YOUR USE OF THE SOFTWARE OR ANY CONTENT ON THE SOFTWARE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
12. Governing Law