Terms And Conditions
Last updated: December 22, 2023
These Terms and Conditions establish a legally binding agreement between You ("User") and Us ("We", "Our").. Web Platform and/or Application, along with any other media forms, channels, and mobile applications related to or associated with it (collectively referred to as the "Platform"). By accessing the Platform, you confirm that you have read, comprehended, and accepted all the conditions laid out in these Terms and Conditions. If you do not consent to all of these Terms and Conditions, you are explicitly prohibited from using the Platform, and you should cease using it immediately.
The information presented on the Platform is not meant for distribution to or utilization by any individual or entity in any jurisdiction or country where such distribution or use would contravene the law or regulations or would necessitate our registration within that jurisdiction or country. Hence, individuals accessing the Platform from other locations are doing so on their own accord and bear sole responsibility for adhering to applicable local laws, if they are indeed relevant.
Our Platform functions as an online platform where individuals and/or companies can register to create, observe, and manage their media content in accordance with these Terms and Conditions.
Our Platform is intended for informational purposes only, and we are not engaged in any activities that the companies listed on our platform provide.
USER REGISTRATION
To access certain features or sections of the Platform, you might need to complete a registration process. It's your responsibility to maintain the confidentiality of your password and take accountability for any activities carried out using your account. We retain the right, at our sole discretion, to revoke, reclaim, or modify a username you choose (if any) if we find it inappropriate, offensive, or objectionable. We retain the right to modify the requirements for the registration process.
USER-GENERATED CONTENT
By uploading content to our Platform, you grant us a global, royalty-free, non-exclusive, limited, and revocable license to utilize, reproduce, adapt, display, perform, distribute, transmit, and duplicate such content in relation to our services (Services: means all and any service provided by Us).
We may offer you the chance to browse, generate, submit, post, present, transmit, perform, publish, distribute, or broadcast content and materials on the Platform uploaded by other users or third parties. This content, collectively referred to as "Content" includes but is not limited to text, videos, audio, images, comments, suggestions, or other materials. This content may be visible to other Platform users and might also appear on third-party platforms. Any Content you provide will be handled as outlined in the Platform Privacy Policy and will be subject to moderation screening. By creating or offering any Content, you confirm and guarantee that:
Your Content, including its creation, distribution, transmission, public display, performnce, downloading, or copying, do not and will not infringe upon any third party's intellectual property rights, such as copyright, patent, trademark, trade secret, or moral rights.
You are either the creator and owner of the Content, or you possess the necessary licenses, rights, permissions, releases, and consents to utilize and allow us, the Platform, and other users to use your Content as permitted by these Terms and Conditions.
Your Content is accurate, truthful, and not misleading.
Your Content is not unauthorized or unsolicited advertising, pyramid schemes, spam, chain letters, mass mailings, or any other form of solicitation.
Your Content does not contain obscene, violent, harassing, libelous, slanderous, lewd, lascivious, or otherwise objectionable content, as determined by us.
Your Content does not mock, ridicule, disparage, abuse, or intimidate any individual or group.
Your Content is not intended to harass or threaten any person (legally defined) or to incite violence against any specific person or group.
Your Content does not violate any applicable laws, regulations, or rules.
Your Content does not infringe upon the privacy or publicity rights of any third party.
Your Content does not involve the solicitation of personal information from individuals under the age of 18 or the exploitation of minors sexually or violently.
Your Content does not breach any laws concerning child pornography or is intended to protect minors' well-being.
Your Content does not include offensive comments related to race, gender, sexual preference, national origin, or physical disabilities.
Your Content does not violate any provision of these Terms and Conditions, link to content that does, or breach any applicable law or regulation.
Your Content does not violate any laws or regulations in any specific country.
Using the Platform in violation of the above provisions constitutes a breach of these Terms and Conditions and shall result in consequences such as the suspension or termination of your access to the Platform and deletion of Content.
We may allow you to display your Content and other information in certain areas of the Platform, such as sidebar advertisements or banner advertisements in the application and/or Site. Hence, you shall take full responsibility for any Content you place on the Platform. Further, you warrant and represent that you possess all rights and authority to place Content on the Platform, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such approved Content, and we have no other relationship with you.
Notwithstanding anything mentioned herein, any Content that violates these Terms and Conditions shall not be published and will be permanently deleted and your account will be suspended.
MODERATION OF CONTENT
We will review and moderate all user-generated content, including text, images, videos, and other media, to assess compliance with our Terms of Service, and any applicable laws or regulations. All moderation will be done manually by us to ensure compliance with these Terms and Conditions and applicable laws.
We reserve the right to remove, edit, or restrict access to any content that we believe violates our Terms of Service or is in violation of applicable laws. Additionally, we may suspend or terminate user accounts that repeatedly violate our guidelines.
We encourage users to report any content they believe violates our Terms of Service. Reporting can be done through our designated reporting mechanisms.
We will review all reports promptly and take appropriate action as necessary.
We reserve the right to modify our content moderation procedures and policies at our discretion.
INTELLECTUAL PROPERTY RIGHTS
We uphold and value intellectual property rights and request that you do the same. By accessing and/or using the Services, you are bound to refrain from using them to violate any intellectual property rights. We retain the authority to block access to the Services and/or suspend the accounts of any user who violates or is accused of violating copyright or other intellectual property rights, at any time and our sole discretion, with or without prior notice.
USER REPRESENTATIONS You acknowledge and agree that your viewing of content on the Platform is undertaken at your own risk. The content available on our Platform is provided for general informational purposes only. It is not intended to serve as advice, including but not limited to any kind of financial advice, upon which you should solely rely. Prior to making any decisions or refraining from any actions based on the content available on our Platform, it is recommended that you seek professional or specialist advice.
We do not make any representations, warranties, or guarantees, whether explicit or implied, regarding the accuracy, completeness, or currency of any Content (including User Content) published on our Platform. In cases where our Platform includes links to other websites, applications (if any), and resources provided by third parties, these links are presented for informational purposes only. We have no authority over the content of these third parties. Such links should not be construed as our endorsement of those linked websites, applications or the information you may obtain from them.
You acknowledge that you are at least 18 years old and competent to execute and perform any agreement you enter into through Platform.
You agree not to use a false name or email address owned or controlled by another person with the intent to impersonate that person or for any other reason.
You agree not to use a user ID name (if any) that is subject to any rights of a person other than yourself without appropriate authorization.
You agree to comply with the terms stipulated in these Terms and Conditions.
You understand that you are solely responsible for maintaining the confidentiality of your password and any other credentials to use our Services.
You represent that all the information you provide to us, including in accordance with these Terms and Conditions, is true, correct, and complete.
You agree to conduct yourself politely in all your interactions with any other user, our employees, and officers.
You will not defame, harass, intimidate, threaten, disparage, libel, or otherwise make false statements concerning any of the aforementioned persons in the course of your interactions with them or third parties.
You agree not to abuse, offense or violate these Terms and Conditions and any other User’s rights.
EXCLUSION OF WARRANTIES
The Services are provided "as is," and "as available" and we make no warranties or representations to you regarding them. Specifically, we do not declare or guarantee to you that:
Your utilization of the Services will meet your specific requirements.
Your utilization of the Services will be continuous, punctual, secure, or error-free.
Any information obtained by you through your use of the Services will be precise or dependable.
Defects in the operation or functionality of any software provided to you as part of the Services will be rectified.
No conditions, warranties, or other terms (including any implied terms concerning satisfactory quality, fitness for a particular purpose, or conformity with description) pertain to the Services except to the extent they are explicitly outlined in these Terms and Conditions.
We reserve the right to modify, suspend, remove, or restrict the availability of all or any portion of our platform for business and operational reasons at any time without prior notice.
SUBSCRIPTIONS
Subscriptions. You have the option to purchase a subscription plan, which offers an upgraded experience with additional features or functionality for your account ("Subscription"). Subscriptions may be purchased either by (i) paying a recurring subscription fee; or (ii) pre-payment giving you access for a specific period ("Pre-Paid Period"). The terms stated below will govern your participation in these programs.
If you select the Monthly Plan your subscription will automatically renew as a rolling subscription and renew at the end of each monthly period, being one month (or as near to the date as possible) from the date on which your Monthly Plan was activated.
If you select the Annual Plan, your subscription will automatically renew as a rolling subscription at the end of each annual period, on the date on which your Annual Plan was activated (each being a “Renewal”). If you proceed with a Renewal, the method of payment used to pay the Fees will be debited at the end of your current Plan.
You may change your Plan at any time by locating the ‘Account‘ tab on the settings page of your Profile.
Pre-Paid Subscription Term: Subscriptions purchased for a Pre-Paid Period will automatically terminate at the end of the Pre-Paid Period.
Free Trial: Your subscription may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. Free trials may not be combined with certain other offers, as specified. If you begin your subscription with a free trial, the first billing day will be the day after the free trial expires. E.g for 7 days free trial the billing day will be the 8th day. However, no charges will be made if you cancel the subscription prior to the end of your free trial period. You may cancel your membership at any time by going to your account settings.
To cancel Your Subscription: You may cancel your Subscription at any time. If your Subscription is set to automatically renew, you must cancel at least 1 day prior to the expiration of the Subscription term in order to avoid additional charges. You may continue to enjoy your Subscription benefits until that date, after which your Subscription will terminate and your account will automatically downgrade. You can cancel your Subscription in your account settings.
Cancellation by Us: We may cancel your Subscription at any time for any reason, with or without prior notice.
Renewals: Subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period.
Account will be charged for renewal within 24 hours prior to the end of the current period, and identify the cost of the renewal.
Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase.
Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to App.
Refunds: Except where required by law, Subscriptions purchased directly through the App are non-refundable. In some cases, we may make a refund.
Price changes: We may change the price for Subscriptions from time to time. We will communicate any price changes to you in advance. Price changes for Subscriptions will take effect on the next renewal date following the date of the price change. As permitted by local law, you accept the new price by continuing to maintain your Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by canceling the Subscription prior to the price change going into effect. Please be sure to read any such notification of price changes carefully.
LIMITATION OF LIABILITY
NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES THAT CANNOT BE LAWFULLY EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS, AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION. SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR: (I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF DATA SUFFERED BY YOU; OR (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES THAT MAY BE INCURRED BY YOU. UNDER NO CIRCUMSTANCES SHALL OUR TOTAL LIABILITY SURPASS THE LARGER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE SUM YOU DISBURSED TO US, IF ANY, OVER THE PRECEDING SIX MONTHS FOR THE SERVICES THAT PROMPTED THE CLAIM. ANY LOSS OR DAMAGE THAT MAY BE INCURRED BY YOU AS A RESULT OF: ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE (IF ANY); ANY CHANGES THAT WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER, OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
LINKS TO THIRD-PARTY WEB PLATFORMS
The Platform may contain links to third-party web platforms or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.
The links provided on our Platform are for your convenience and benefit. However, please be aware that these links may lead to websites that are not owned by or affiliated with us. We want to clarify that we are not responsible for the content, products, and services offered on these linked platforms. We do not guarantee the correctness or accuracy of the content on these websites or content provided by third parties. If you choose to access these linked websites, you are doing so at your own risk. It's important to note that our inclusion of these links does not imply our endorsement of the linked websites in any way.
We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or services. For more information, please read these companies’ public policies.
NO WAIVER
Our failure to insist upon or enforce any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.
SECURITY
We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Services. You should use your own virus protection software.
TERM AND TERMINATION
These Terms and Conditions shall remain in full force and effect while you use the Platform.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONSOR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE PLATFORM OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
FOREIGN JURISDICTIONS
It's important to note that different states and foreign countries have regulations that you must adhere to when using or accessing our platform. You are responsible for assessing and ensuring compliance with any regulatory requirements that may apply to your use and access to the platform in such jurisdictions.
NO FINANCIAL, LEGAL, TAX ADVICE, FINANCIAL PROMOTION OR UNDERWRITING SERVICES
We do not offer, and will not offer at any time, any financial, legal, tax, or investment advice. We do not participate in arranging investment deals of any sort. Nothing on the Platform or in any information provided in connection with materials on the Platform should be interpreted as financial, legal, tax, or investment advice. If you require any financial, legal, or tax advice, it is essential to consult licensed professionals or advisors in those fields. We are not registered as a broker-dealer, investment platform, or any form of crowdfunding platform. We do not provide investment securities offering documentation, or facilitate communication between Platform users in financial or investment contexts. We make no warranties, whether express or implied, concerning the sufficiency, accuracy, or completeness of any information on this Platform or its use. We are not a Stock Exchange and have no intentions of seeking recognition as one under any legislation. We do not facilitate online or offline buying, selling, or dealing of securities, nor do we handle the clearing or settlement of securities trades. Our Platform is not of trading platform or any kind of financial platform whatsoever. We solely operate as a platform content provider, and all our services are intended to facilitate the use of the Platform and should not be construed otherwise.
ASSIGNMENT
You are prohibited from assigning any rights or delegating any obligations under these Terms and Conditions, either in whole or in part, without obtaining our prior written consent, which we may choose to withhold at our sole discretion. On the other hand, we reserve the right to assign our rights and delegate any of our obligations under these Terms and Conditions, in whole or in part, without requiring your consent. Any assignment or delegation that contravenes the provisions above will be considered invalid. These Terms and Conditions will remain binding and will confer benefits upon the allowed successors and assigns of each party.
SEVERABILITY
If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
FORCE MAJEURE
We will not be held liable to you for any actions that would potentially breach these Terms and Conditions, if not for the provision outlined in this section. This non-liability will apply in situations arising from factors beyond our control, including but not limited to: Acts of God, Natural disasters, Sabotage, Accidents, Riots, Shortages of supplies, equipment, and materials, Strikes and lockouts, Civil unrest, Computer hacking, Malicious damage.
AMENDMENTS
We reserve the right to vary the Terms and Conditions of Use at any time and will post any variations here. You are advised to review the Terms and Conditions on a regular basis as you will be deemed to have accepted it if you continue to use the Platform after they have been posted
CONTACT US
If you have any questions, please email us at support@pitchel.app
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