1.1 Acceptance of the Terms of Use

These Terms of Use are entered into by and between you and Pitch.fun, Inc. (“Pitch” "we," or "us"). The following terms and conditions ("Terms of Use") govern your access to and use of Pitch, including any content, functionality, and services offered on or through Pitch.

Please read the Terms of Use carefully before you start to use Pitch. By clicking to accept or agree to the Terms of Use, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, do not access or use Pitch. 

Pitch is offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. By using Pitch, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, do not access or use Pitch.

1.2 Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of Pitchthereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on Pitch.

Your continued use of Pitch following the posting of revised Terms of Use means that you accept and agree to the changes. Please check this page from time to time so that you are aware of any changes, as these terms are binding.

1.3 Accessing Pitch and Account Security

We reserve the right to withdraw or amend Pitch, and any service we provide on Pitch, in our sole discretion without notice. We will not be liable if, for any reason all or any part of Pitch is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Pitch to users, including registered users.

You are responsible for both making all arrangements necessary for you to have access to Pitchand ensuring that all persons who access Pitch through your internet connection are aware of these Terms of Use and comply with them.

To access Pitch or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of Pitch that all the information you provide on Pitch is correct, current, and complete. You agree that all information you provide to register with Pitch or otherwise, including, but not limited to, through the use of any interactive features on Pitch, is governed by our Privacy Policy {Link to Privacy Policy}, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You may be asked to supply additional personal information to host events.

Your username, password, or any other piece of information are part of our security procedures.You shall treat such information as confidential, and you shall not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to Pitch or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to exit your account at the end of each session. You should use particular caution when accessing your account from a public or shared device so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

2.1 Intellectual Property Rights

Pitch and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use Pitch for your personal, non-commercial use only. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our mobile application or website, except as follows:

(A) Your device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

(B) You may store files that are automatically cached by your Web browser for display enhancement purposes.

(C) You may print or download one copy of a reasonable number of pages of Pitch for your own personal, non-commercial use and not for further reproduction, publication or distribution AND.

(D) You may download a single copy of our mobile application to your device solely for your own personal, non-commercial use.

You shall not modify copies of any materials from this site. You shall not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You shall not access or use for any commercial purposes any part of Pitch or any services or materials available through Pitch. 

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of Pitch in breach of the Terms of Use, your right to use Pitch will cease immediately and you shall, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to Pitch or any content on Pitch is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of Pitch not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

2.2 Trademarks

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You shall not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on Pitch are the trademarks of their respective owners.

3.1 Prohibited Uses

You may use Pitch only for lawful purposes and in accordance with these Terms of Use. You agree not to use Pitch:

(A) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

(B) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

(C) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Terms of Use;

(D) to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or

(E) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Pitch, or which, as determined by us, may harm the Company or users of Pitch, or expose them to liability.

Additionally, you agree not to:

(A) use Pitch in any manner that could disable, overburden, damage, impair the application,or interfere with any other party's use of Pitch, including their ability to engage in real time activities through Pitch; 

(B) use any robot, spider or other automatic device, process, or means to access Pitch for any purpose, including monitoring or copying any of the material on Pitch.

(C) use any manual process to monitor or copy any of the material on Pitch, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

(D) use any device, software, or routine that interferes with the proper working of Pitch;

(E) introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;

(F) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of Pitch, the server on which Pitch is stored, or any server, computer or database connected to Pitch. 

(G) attack Pitch via a denial-of-service attack or a distributed denial-of-service attack; or

(H) otherwise attempt to interfere with the proper working of Pitch.

3.2 User-Generated Content

Pitch is an interactive website and mobile application that allows users to plan and fund events with their friends and family. Pitch uses unique digit combinations, (“Party Codes”) for you and other users to find events. Events you host will generally not be visible to users who do not have a Party Code unless you indicate otherwise. To host events on Pitch, the host shall connect their Pitch profile to Stripe, a third-party money transmitter. If you do not wish to host an event, you may use the app without connecting to Stripe.

Events and your interactions with events, and other users on Pitch, shall comply with the Content Standards set out in section 3.4 of these Terms of Use.

Any content you post to Pitch will be considered non-confidential and non-proprietary, unless expressed otherwise in your account settings. By providing any content on Pitch, you grant us, our affiliates, and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material according to your account settings. 

You represent and warrant that: (i) you own or control all rights in and to the content; (ii) youhave the right to grant the license stated above to us and our affiliates, service providers, and each of their and our respective licensees, successors and assigns; and (iii) all content you post to Pitch shall comply with these Terms of Use. 

You understand and acknowledge that you are responsible for any content you submit or contribute. You further understand and acknowledge that you, not Pitch, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any content posted by you or any other user of Pitch.

3.3 Monitoring and Enforcement; Termination

We have the right to:

(A) remove or refuse to post any event for any or no reason in our sole discretion;

(B) take any action with respect to any event or other user misbehavior that we deem necessary or appropriate in our sole discretion, including if we believe that such content violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of Pitch or the public, or could create liability for the Company;

(C) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;

(D) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of Pitch; and

(E) terminate or suspend your access to all or part of Pitch for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the prior sections, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through Pitch. You waive and hold harmless Pitch and its affiliates, licensees and service providers from any claims resulting from any action taken by any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by either such parties or law enforcement authorities.

However, we will not review all material before it is posted on Pitch, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

3.4 Content Standards

These Content Standards apply to any and all user-generated content. User contributions to Pitchshall in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, you shall not post content that:

(A) contains any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;

(B) promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

(C) infringes any patent, trademark, trade secret, copyright or other intellectual property, or other rights of any other person;

(D) violates the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use;

(E) deceives any person;

(F) promotes any illegal activity or advocates, promotes, or assists any unlawful act;

(G) causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person;

(H) impersonates any person or misrepresents your identity or affiliation with any person or organization;

(I) involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising; or

(J) gives the impression that the posts emanate from or are endorsed by us or any other person or entity if this is not the case.

3.5 Copyright Infringement

If you believe that any user-generated content violates your copyright, please see our send us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

4.1 Reliance on Information Posted

The information presented on or through Pitch is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any other user of Pitch, or anyone who may be informed of its contents.

Pitch includes content provided by third parties, including materials provided by other users and third-party licensors. All statements and opinions expressed in these materials, and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

Information About You and Your Use of Pitch

All information we collect on Pitch is subject to our Privacy Policy. By using Pitch, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Pitch uses a third-party money transmitter to move funds between users. Pitch is not a money transmitter as defined in 31 u.s.c.a. § 5330(d)(1). Pitch does not have access to, and is not responsible for, funds paid to other users using third-party money transmitters. Please see Stripe’s terms and conditions before using this service.

 

4.2 Linking to Pitch and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You shall not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

Pitch may provide certain social media features that enable you to:

(A) link from your own or certain third-party websites to certain content on Pitch;

(B) send e-mails or other communications with certain content, or links to certain content, on Pitch; and

(C) cause limited portions of content on Pitch to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you shall not:

(A) establish a link from any website that is not owned by you;

(B) link to any part of Pitch other than the homepage, or an event you are hosting and have shared with friends or family; or

(C) otherwise take any action with respect to the materials on Pitch that is inconsistent with any other provision of these Terms of Use.

The website or application from which you are linking, or on which you make certain content accessible, shall comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

4.3 Links from Pitch

If Pitch contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in payment portals, advertisements, including banner advertisements, and sponsored links. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to Pitch, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

5.1 Data Privacy and Security

 

Pitch cares about data privacy and security. By using Pitch, you agree to be bound by our Privacy Policy, which is partially incorporated into these Terms of Use and can be found onour mobile application or website. Please be advised that Pitch is hosted in the United States. If you access the mobile application or website from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of Pitch, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

 

Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information as quickly as is reasonably practical.

 

5.2 Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or Pitch will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of pitch or any services or items obtained through pitch or to your downloading of any material posted on it, or on any website linked to it.

Your use of Pitch, its content, and any services or items obtained through pitch is at your own risk. Pitch, its content, and any services or items obtained through pitch are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of pitch. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that pitch, its content or any services or items obtained through pitch will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that pitch or any services or items obtained through pitch will otherwise meet your needs or expectations. 

The company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement,and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

5.3 Limitation on Liability

To the fullest extent provided by law, in no event will the company, its affiliates or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, pitch, any websites linked to it, any content on pitch or such other websites or any services or items obtained through pitch or such other websites. This includes any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

5.4 Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of Pitch. This includes, but is not limited to, your own user generated content, any use of Pitch's content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from Pitch.

6.1 Governing Law and Jurisdiction

All matters relating to Pitch and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or Pitchshall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona. We retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

6.2 Arbitration

At Pitch's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of Pitch, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.

6.3 Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these terms of use or Pitch shall be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

6.4 Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

7.1 Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Pitch, Inc. with respect to Pitch and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to Pitch.

7.2 Your Comments and Concerns

Pitch is operated by Pitch.fun, Inc.

All other feedback, comments, requests for technical, support and other communications relating to Pitch may be directed to:

Pitch.fun, Inc.

Email: support@pitch.fun