Terms and Conditions
Last Updated: June 15th_, 2021
The following Terms and Conditions (“Terms”) are a binding agreement between you and Pitz Inc., a Delaware corporation (“we”, “us”, “our” or, together with the Related Parties as defined below, the “Company”), and govern your use of the products and services provided through the Company’s mobile application (the “App” or the “Platform”) and any related website (collectively, the “Services”).
READ THESE TERMS, CAREFULLY BEFORE USING THE SERVICES. PLEASE NOTE: THESE TERMS CONTAIN A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. BY BINDING YOURSELF TO THESE TERMS AND USING OUR SERVICES HEREUNDER, YOU EXPRESSLY WAIVE YOUR RIGHT TO BRING CLAIMS OUTSIDE OF ARBITRATION, CLAIMS FOR NON-INDIVIDUALIZED RELIEF (INCLUDING PARTICIPATING IN A CLASS ACTION) AND TO TRIAL BY JURY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR OTHERWISE USE THE SERVICES.
I. OVERVIEW OF THE SERVICES
A. Through our App, you may submit videos and obtain personalized narrations of your videos (“Pitz Videos”) from celebrities, including athletes, actors, performers, artists, inﬂuencers, and others (each, a “Talent User”). You may submit a request to a Talent User for a Pitz Video that is personalized for you or a third party that you identify as a recipient (“Recipient”).
B. You acknowledge and agree that the Talent User has sole discretion to determine how to fulﬁll your request and the content of the Pitz Video created, and may not follow your request exactly. We reserve the right to reject any request in our sole discretion. The Talent User has up to seven days (at our sole discretion) to fulﬁll or decline your request. Once you submit your video and request a Pitz Video, your payment method will be charged the amount speciﬁed on our App at the time you submitted the request.
C. Team Creation: In order for a Player to participate in Tournaments, the Player must either create a Team or Minors Team or join an existing one in the Platform.
Joining a Team
For a Player to join a Team or Minors Team, the Player must choose the Team and send a request. It will be the Team’s sole choice whether to accept or reject the Plater’s request.
Creating a Team
By registering on the Platform, Players will be able to create a new Team by choosing the option “Create Team”, providing a name and a crest, and inviting at least seven additional Players by searching their usernames or sharing a link through the available channels.
Players who create a Team will be designated as the team’s “Administrative Player”.
Players acknowledge that in order to participate in Tournaments, they shall enter into an agreement with the Host in accordance with the Host’s terms, on the understanding that Tournaments will be regulated by the following guidelines:
- Hosts are solely responsible for organizing the Tournaments as well as for carrying out each Match as agreed upon with the Players.
- Only Hosts will have access to the Tournaments Platform, which is the Company’s subdomain, where they will be able to hold a Tournament.
- The Host reserves the right to allow or deny a Team’s or Player’s participation in the Tournament, without any liability for the Company.
- The User acknowledges that the Company does not form part of the relationship between the Player and the Host.
- The Company reserves the right to include and provide additional services including but not limited to advertising, promotions, and opening calls that may be of interest to Players and Hosts.
The services provided by the Company include providing an intermediary between Players and Tournament Hosts, understanding by mediating that the Company provides a service in the Tournament Platform, which includes receiving payments from Teams in order to participate in a Tournament under the following conditions:
- The Company is only responsible for the receipt of the Users’ payment and is not responsible for the relationship between Players and Hosts or for organizing the Tournaments.
- Payments made by Users will only be used to pay for Hosts’ Tournaments that are offered and available through the Platform.
- The Player acknowledges that after making the payment, the paid amount will no longer be available for use and will be transferred to the Host.
- The Company will collect, through the Platform, the payments made by Players to participate in Tournaments and will transfer this amount (“Playing Fee”) to the Hosts. The amount is established by Hosts at their sole discretion, and they are responsible for publishing and communicating it to Players.
- Playing Fees, or the portion that the Player has agreed to pay the Host, will be displayed to the Player via the Platform before he submits his payment request.
- Players agree to pay the fees applicable to their payments through the Platform. These fees must not exceed ten percent (10%) of the amount the Player pays in each transaction through the Platform.
- The Company will charge a percentage (the “Service Fee”) to Hosts for each payment made by the Players through the Platform to the Holders as a service fee, the percentage of which will be made known to the Holder when contracting with the Company or upon request.
- Players agree to make the corresponding payments in the dates established in the Platform through the Payment Platforms authorized by the Company at that time.
- All payments must be made by credit or debit card.
- All credit or debit cardholders are subject to verification and authorizations by the card issuer. By using their credit or debit cards, Players confirm that they are the owners of the card and that they have enough credit or funds to cover the charged amount.
- Within a period of seven (7) business days after the Players’ transfer, the Company will transfer the resources to the Host (minus the applicable fee as established in this Agreement) or to the Administrative Player, to the bank account specified by them in their Profile.
- The Holder is responsible for sending the invoice for the Playing Fee to the Player by the channel that they agree upon. The Service Fee will be equivalent to 5% (five percent) plus one (1) peso, plus VAT, calculated on the payment to be made by the Player.
It is important to note that Payment Platforms are external to PITZ and that their purpose is to facilitate a secure and easy method of transfer to Users. Any query or issue with the payment methods should be directed to the applicable payment methods.
II. OWNERSHIP OF THE SERVICES
A. Pitz Videos are licensed to you, not sold, under these Terms. You are buying the right (or license) to use it, not the actual Pitz Video itself.
B. Subject to your payment in full, the Company hereby grants to you the following limited rights to use the Pitz Video solely for your own personal, non-commercial, and non- promotional purposes, subject to these Terms: a non-transferable, non-exclusive limited license (without the right to sub-license) to use, reproduce, distribute, and publicly display that Pitz Video, in any and all media (for example, on social media platforms), whether now known or hereafter invented or devised, during the license term agreed upon by you and the Company and solely for the intended purpose displaying that Pitz Video. You acknowledge that all intellectual property rights, including, without limitation, copyrights, patents, trademarks and trade secrets, in the Pitz Videos are owned by the Company or its affiliates or licensors. Your possession, access to and use of the Pitz Videos do not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. The Company, and its affiliates and licensors and suppliers, reserve all rights not granted in these Terms.
C. The rights granted to you in these Terms are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Pitz Videos; (ii) you agree not to modify, make derivative works of, disassemble, reverse-compile or reverse-engineer any part of the Pitz Videos; (iii) you agree not to access the Services in order to build a similar or competitive service or product; (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (v) you agree not to upload, transmit or distribute any computer viruses, worms or any software intended to damage or alter a computer or communications network, computer, handheld mobile device, data, the Services or any other system, device or property; (vi) you agree not to interfere with, disrupt or attempt to gain unauthorized access to the servers or networks connected to the Services or violate the regulations, policies or procedures of such networks; (vii) you agree not to access (or attempt to access) any of the Services by means other than through the interface that is provided by the Company; (viii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) that may be contained in, or displayed in connection with, the Services; and (ix) you agree not to access the Services in a manner intended to, or that has the effect of, unreasonably interfering with another’s use of the Services.
D. The rights granted to you in these Terms are similarly subject to your representation, warranty and agreement that you will not use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, false, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without the Company’s prior written consent, including without limitation contests, sweepstakes, barter, advertising, or pyramid schemes; or (v) impersonates any person or entity, including without limitation any employee or representative of the Company.
E. You hereby grant to us a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised (including social media platforms), to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, create derivative works of, and otherwise use the following for the purposes of operating and providing our Services, and advertising, marketing, and promoting our Services: (i) any request (video, text, or otherwise) that you make or send to any Talent User, including information concerning any Recipient; and (ii) any submission that you make to the Company, whether through our App, a social media platform, third party website, or otherwise, including a reaction video, idea, intellectual property, publicity rights, Ideas (as deﬁned below), review, photo, video, email, text, post, or other communication, whether relating to you, or a third party (“Submissions”). You represent and warrant that you either: own all rights to any Submission; or have all rights necessary, including with respect to any third party that contributed to, is included in, or is referred to, in any Submission, to grant to us the foregoing rights.
F. You will not make any Submission that is conﬁdential or proprietary or that contains or includes any information that you do not have the right to disclose or that you or any Recipient do not wish to be disclosed. The Company will not be responsible or liable for any use or disclosure of a Submission, including any personal information belonging to you, a Recipient, or a third party.
G. We may, for any reason, refuse to accept or transmit a Submission or refuse to remove a Submission from our App. Further, we reserve the right to decide whether a Submission violates these Terms and may, at any time, without notice to you and in our sole discretion, remove your Submission, terminate your access to our App, remove or ban you (and any Company account you created or control), or take other appropriate action in our sole discretion for violation of these Terms.
H. You hereby waive any and all moral rights or “droit moral” that you may have in any Submission, including Ideas, and you represent and warrant that no third party has any moral, “droit moral,” or other rights in Submission, including Ideas.
I. You may not sell, re-sell, or encumber your rights in any Pitz Video. You may sublicense your rights in a Pitz Video only to the extent necessary for you to use the Pitz Video as permitted under these Terms (for example, sharing it with friends on a social media platform or sending it to a Recipient for personal, non-commercial, and non-promotional purposes as set forth above).
J. You may use our Services only in accordance with these Terms, which includes our Acceptable Use Policy. We may terminate all or part of the foregoing licenses at any time for any reason. We reserve the right to remove a Pitz Video from our App at any time for any reason without any notice to you.
L. Any future release, update or other addition to functionality of the Services shall be subject to these Terms.
You acknowledge and agree that:
A. You have no expectation of privacy with respect to any Pitz Video requested by you or any Submission you make, and that you will not make any request or Submission that infringes on the privacy or other rights of a third party;
B. Pitz Videos may be branded by the Company with a watermark of the Company’s choosing (the “Watermark”). The Watermark on each Pitz Video must remain intact and you agree not to edit, change, modify, cover, or remove the Watermark from any Pitz Video or assist or encourage any third party to do so; you further agree not to edit, change, modify, or create any derivative work of a Pitz Video or assist or encourage any third party to do so without the express written permission from the Company;
C. If you breach any provisions of these Terms, we may terminate your access to our App, or we remove or ban you (or any Company account you created or control), your license to use any Pitz Video, or other offering under these Terms terminates and you must: promptly remove all copies of any Pitz Video, or other offering in your possession or control, including from any social media platform; notify any Recipient of the termination and instruct them to do the same, and take any other action we reasonably request, including identifying each Recipient; and
D. Without limiting any of our rights, any request you submit through our Site may be rejected by us or by a Talent User; if that happens more than once, we may terminate your access to our Site, remove or ban you (and any Company account you created or control), or take other appropriate action in the Company’s sole discretion, including terminating your license to use any Pitz Video or other offering under these Terms and requiring you to take the actions outlined in Section III.C.
IV. YOUR CONTENT, RESPONSIBILITIES, AND REPRESENTATIONS AND WARRANTIES
A. User Content. Any information or content you post or transmit through the Services (“Content”) is your sole responsibility, and you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it. You will keep all registration information accurate and current.
B. Age. You must be at least or 16 years old to use our Services, however, children of all ages may use the Services if enabled by a parent or legal guardian. If you are under 18, you represent that you have your parent or guardian’s permission to use the Services. Please have your parent of guardian read these Terms with you. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Services, you are subject to these Terms and responsible for your child’s activity on the App.
C. Eligibility. You represent and warrant that (i) you have not been prohibited from using or accessing any aspect of our App by us or pursuant to any applicable law or regulation; (ii) you will comply with all applicable terms of any third party payment provider we select, and you are not on a prohibited list of that payment provider; (iii) you (and any Company account that you created or control) have not been previously banned or removed from our App for any reason; and (iv) you are not a convicted sex offender.
D. Uploading Content. Submissions must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the content you submit. We may use automated systems that analyze your content to help detect infringement and abuse, such as spam, malware, and illegal content.
F. Responsibility Generally. You are responsible for all of your activity in connection with the Services. It is your responsibility to (a) provide true, complete and accurate information to the Company when registering for the Services, (b) to keep that information up-to-date at all times, and (c) to use the Services in a manner that will not violate any U.S. or other applicable law or regulation. The Company does not accept responsibility or liability, in contract, in tort, in negligence, or otherwise, to the extent the information you provide to the Company is untrue, incomplete, inaccurate or not up-to-date at all times, or to the extent you use the Services in a manner that violates any U.S. or other applicable laws or regulations. You are entirely responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to immediately notify the Company of any unauthorized use or suspected unauthorized use of your account, or any other breach of security. The Company is not liable for any loss or damage arising from your failure to comply with the above requirements.
G. Messaging and Data Rates. As part of the Services, you may receive communications through the Services, including messages that the Company sends (for example, via SMS). By signing up for the services, you agree to receive communications from the Company, and you represent and warrant that by providing a wireless phone number to the Company, you consent to receive communications from the Company. Your mobile phone provider’s standard messaging and data rates may apply to confirmation SMS, MMS or other text messages correspondence (each a “Text Message”). Under no circumstances will the Company or its affiliates be responsible for any messaging or data charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit text alerts, you may not receive the Text Messages from the Company.
H. Feedback. You may choose to, or the Company may invite you to, submit comments, suggestions or ideas about the Services, including how to improve the Services (“Ideas”). By submitting any Ideas, you agree that your submissions are voluntary, gratuitous, unsolicited and without restriction, and will not place the Company under any fiduciary or other obligation. The Company may use, copy, modify, publish or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that the Company does not waive any rights to use similar or related ideas previously known to the Company, developed by its employees or obtained from other sources.
V. PAYMENT TERMS
A. Fees. The fee for a Pitz Video is speciﬁed on the Talent User’s booking page on our Site when you make your request. You agree to pay all amounts due in accordance with the payment terms in effect when you submit your request, including any applicable service, transaction, or processing fees.
B. Payment. If a Talent User rejects your request for a Pitz Video or the Pitz Video is not provided, your Pitz account will be issued a credit (in Narration Coins only) for the value of your purchase. The credit will be maintained in your account and may be redeemed only for purchases on the App. If, when you make a purchase while logged into your Pitz account on the App, your account has a credit balance, the balance will be redeemed for that purchase (until fully redeemed) and you will be charged for any remaining portion of the price. Credit balances are not refundable, cannot be transferred, cannot be used outside of the App, and expire or extinguish immediately when redeemed. By making a purchase on the App, you represent that you are a resident of a country or territory in which payment in the local currency is supported by the App. If you are a resident of a country or territory in which payment in the local currency is not supported by the App (or located in a country or territory in which payment in the local currency is not supported by the App), your purchase will not be permitted; however, if such purchase is permitted, the Company reserves the right to cancel your request and no refund will be issued. The countries and territories and respective local currencies supported by the App are determined by Apple and Google and not by the Company and are subject to change at any time. By providing your payment information, you agree that the Company may authorize the payment provider to immediately charge you for all amounts due and payable with no additional notice to or consent from you.
C. Tips. If the offering permits, you may choose to designate an additional amount as a “tip” to the Talent User who fulﬁlled your request. You acknowledge that the Company does not mandate any such tip or gratuity; however, if you do choose to do so, the amount must be at least US$5.00. You agree to pay any amount you authorize as a tip for the Talent User; a tip is not refundable.
D. Cancellations. The Company reserves the right (but is under no obligation) to cancel your Pitz Video request if: (i) your payment method is declined; or (ii) you have previously been banned or removed from our App for any The Company also reserves the right at any time to change its fees and payment procedures, including its payment options and terms, either immediately upon posting on our App or by other notice to you.
E. Payment Processing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account for the Services (your “Billing Account”). The processing of payments will be subject to the terms, conditions and policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By submitting a Pitz Video request, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
F. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
G. Current Information Required. You must provide current, complete and accurate information for your Billing Account including a current e-mail address. You acknowledge that if you do not provide a current e-mail address, we or the Payment Processor may not be able to send you billing receipts. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our Payment Processor if your Payment Method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password.
VI. COPYRIGHT AND INTELLECTUAL PROPERTY
A. Digital Millennium Copyright Act Notice: We respond to notices of alleged copyright infringement and terminate access to our App for repeat infringers. If you believe that materials on our site infringe copyright, please send (i) your address, telephone number, and email address; a description of the work that you claim is being infringed; (ii) a description of the material that you claim is infringing and are requesting be removed along with information about where it is located; (iii) a statement that you have “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”; (iv) an electronic or physical signature of the copyright owner (or a person authorized to act for the copyright owner); and (v) a statement by you, made under penalty of perjury, that the information you are providing is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner to firstname.lastname@example.org
B. Termination Policy: If we determine that you are a repeat infringer, we may terminate your access to our App, remove or ban you (and any Company account you created or control), and take other appropriate action in our sole discretion.
VII. PROCEDURE TO PURCHASE PRODUCTS
By purchasing Products offered in the Platform, Users provide their tacit agreement to these Terms and Conditions, so that it will be understood that the User read and understood these Terms.
The price of the Products will be set by the Company on the Platform, and the Company reserves the right to apply discounts, change prices, and/or take out any Product at any time without previous notice.
The price will be charged by the Company to the bank card stated by the User at the time of purchase of the Products in accordance with the terms established in these Terms.
Users agree, under their responsibility, that purchased Products will be chosen by them, and that, therefore, the Company will not be made responsible for the Product’s suitability and adequacy for the purposes for which it is intended. Users state that they have agreed with the size, identity, color, material, and quality stated in the Platform.
By purchasing the Products offered by the Company, Users will have the following rights:
A. Product Delivery
The Company undertakes to deliver the Products purchased by the User to the address stated in the purchase form. The time of delivery is calculated individually depending on the purchased Product(s), and it will be communicated during the process of purchase.
The Company is not liable for delivery issues when the address stated by the User in the form does not correspond to reality or is omitted. Orders will be handed to the Courier Company, and the time of delivery will vary from one case to another. Nonetheless, the time of delivery of the order to the Courier Company will be of no more than sixty (60) calendar days after the purchase confirmation and payment.
Delivery delays will not be considered as such in the cases where the Product has been made available to the User by the Courier Company within the established time of delivery and has not been delivered for reasons attributable to the User or where the delays are solely attributable to the Courier Company’s management.
In the event that after fifteen (15) calendar days after the order is taken for delivery, the Product has not been delivered, the User must get in contact with the Company at the e-mail address email@example.com. If the User fails to get in contact, the Product will be returned to the warehouse, and the User shall cover all delivery costs as well as any related handling costs.
Users must verify the condition of the Product upon receipt to rule out any irregularity that may be detected in the packaging. If the User detects an irregularity such as impact, breakage, signs of opening, or damage caused by the delivery, the User shall notify the Company at firstname.lastname@example.org within a maximum of twenty-four (24) hours, with the subject “Irregular Delivery”.
B. Order Cancellation. The Company allows the cancellation of a Product purchased through the Platform, provided that is it made within twenty-four (24) hours after placing the order. In order cancel, the User must request cancellation email@example.com, with the subject “Urgent – Order Cancellation”.
C. Return of Products and Refund. The Company allows the return of purchased Products in the following cases:
- If the User receives a different Product to the one ordered;
- If the User receives a defective Product that cannot be used.
The return of Products will result in a refund equal to the price of the returned Products, minus the cost of the Courier Service needed to carry out the return.
In order to request a change or return of a Product, the User has a maximum period of three (3) natural days from the date of reception as long as it meets the following conditions:
- The Product is in the same state in which it was delivered;
- It keeps the original packaging and labeling;
- It is returned in the same packaging in which it was received so that the Product is protected;
- The Company is notified of the return and the reason for it in the terms described above.
In order to carry out a return, the User must:
- Notify the wish to return a Product within a maximum period of three (3) natural days after the reception of the Product via e-mail to the address firstname.lastname@example.org, with the subject “Return” and stating in the body the cause of return. Photographic evidence to prove the cause and proof of purchase must be attached to the e-mail.
- The Company will answer the e-mail in a maximum period of three (3) natural days and will inform the User of the address to carry out the return in case the return or change is accepted or, if applicable, the reasons why it is not possible to accept the request.
- No later than three (3) business days after the Company’s e-mail, the User must send the Product through a Courier Company. The return will be paid by the User, and the User shall notify the Company via e-mail the details of the Courier Company, the delivery tracking number, the date of delivery, and a legible scan or photography of the guide.
- The User must attach to the return a simple copy of the proof of purchase or, if applicable, proof of the electronic transfer.
Users may contract a Third Party’s (“Sponsor”) Sponsorship through the Platform, for which purpose they shall abide by the Sponsor’s Terms and Conditions as well as this Agreement.
The Sponsorship agreement to be executed by the User will state that the User, in exchange for financial aid or assets for the purpose of sports practice or as a reward for a given activity, commits to collaborate in the Sponsor’s advertising according to the conditions established by the Sponsor. These collaborations may include but are not limited to answering surveys, downloading a mobile app, purchasing a Product, and/or subscribing to a service.
The Sponsor may ask for proof that the conditions for Sponsorship have been fulfilled through the Platform. In turn, The Company is obliged to undertake the corresponding validation process by requesting the necessary documents and/or files to verify the adequate fulfillment of the established conditions. The Sponsor reserves the right to deny the Sponsorship if the User does not comply with the established conditions or if the User does not provide enough evidence to verify the fulfillment of the conditions.
By agreeing to this Agreement, Users accept that they will not receive a Sponsorship merely by registering to the Platform, and they agree that Sponsorships will be offered by Sponsors when they deem appropriate and once the User has met the requirements stated in this Agreement, as well as the terms in the Sponsor’s Terms and Conditions.
Users acknowledge that their relationship with Sponsors is independent of their relationship with the Company, and, consequently, they acknowledge that all claims and actions shall be brought directly against the Sponsor, holding harmless the Company from any liability regarding Sponsorships.
IX. TERMINATION AND SURVIVAL
You may cancel your Company account at any time by contacting email@example.com At any time, and for any reason, the Company may suspend or terminate your rights to access or use the Services. If the Company, in its sole discretion, believes that you have used the Services in violation of these Terms, your permission to use our Services automatically terminates. The Company may also, in its sole discretion, change the functions and capabilities of the Services at any time. The Company has no duty to retain your Content, data, and information after termination. Provisions that, by their nature, should survive termination of these Terms shall survive termination including, without limitation, any obligation you have to pay or indemnify the Company, any limitations on the Company’s liability, any terms regarding ownership or intellectual property rights.
THE COMPANY RESERVES THE SOLE RIGHT TO MODIFY OR DISCONTINUE THE SERVICES AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. THE COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD THE COMPANY EXERCISE SUCH RIGHT.
XI. GENERAL RELEASE
You must bring any claim the Company arising out of the Services within one (1) year after the date on which the claim arose, or the shortest duration permitted under applicable law if such period is greater than one (1) year. If you do not, you waive, to the extent permitted by law, all rights you may have with respect to such claim, and the Company shall not have any liability to you relative to that claim.
You agree to indemnify, defend, and hold harmless the Company and its parents, subsidiaries, afﬁliates, ofﬁcers, employees, directors, shareholders, agents, partners, vendors, and licensors (each, a “Related Party,” and collectively, “Related Parties”) from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys’ fees and costs) of any kind or nature arising from, out of, in connection with, or relating to: (a) these Terms; and/or (b) the use of our Services. The Company may select counsel for and control the defense of any claim that you are indemnifying. You will reasonably cooperate with us in connection with any claim.
XIII. WARRANTY DISCLAIMERS
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE”, AND THE COMPANY AND OUR LICENSORS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. THE COMPANY AND OUR LICENSORS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS.
XIV. LIMITATION OF LIABILITY
Nothing in these Terms and in particular, within this “Limitation of Liability” clause, shall be interpreted or construed to limit or exclude liability that cannot be so limited or excluded under applicable law. You agree that the limitations of damages set forth below are fundamental elements of the basis of the bargain between you and the Company.
YOU ACKNOWLEDGE THAT NEITHER THE COMPANY NOR ANY OF THE RELATED PARTIES ARE MAKING ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH OUR APP OR THE CONTENT OF ANY SOCIAL MEDIA PLATFORM OR THIRD PARTY WEBSITE LINKED TO OR INTEGRATED WITH OUR SITE. YOU ACKNOWLEDGE AND AGREE THAT THE RELATED PARTIES WILL HAVE NO LIABILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER HARM RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS, ANY PERSONAL INFORMATION, OR USER DATA; (IV) ANY INTERRUPTION OF TRANSMISSION TO OR FROM OUR APP; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED ON OR THROUGH OUR SERVICES; OR (VI) ANY DAMAGES, LOSSES, COSTS, EXPENSES, OR LIABILITIES OF ANY KIND INCURRED AS A RESULT OF ANY CONTENT POSTED OR SHARED THROUGH OUR SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH OUR SITE, INCLUDING ANY PITZ VIDEO, IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, LOSSES, COSTS, EXPENSES, OR LIABILITIES ARISING FROM OR IN CONNECTION WITH DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SITE, INCLUDING THROUGH A PITZ VIDEO, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE BY US. YOU ACKNOWLEDGE AND AGREE THAT WHEN USING OUR SITE, YOU WILL BE EXPOSED TO CONTENT FROM A VARIETY OF SOURCES, AND THAT THE COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, SAFETY, LEGALITY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO ANY SUCH CONTENT. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO CONTENT THAT IS INACCURATE, OFFENSIVE, INDECENT, OBJECTIONABLE, OR HARASSING, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST ANY RELATED PARTY WITH RESPECT THERETO.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL ANY RELATED PARTY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, INCLUDING FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES ACTUALLY RECEIVED BY THE COMPANY FROM YOU DURING THE 12 MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.
IF THE COMPANY OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR AGENTS, REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS OR SUBCONTRACTORS ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO ITS OR THEIR NEGLIGENCE, THE FAILURE TO PERFORM ITS OR THEIR OBLIGATIONS UNDER THESE TERMS IN ANY RESPECT AT ALL, BREACH OF WARRANTY, OR PRODUCT FAILURE, THE MAXIMUM LIABILITY (INCLUDING JOINT AND SEVERAL LIABILITY) WILL BE $500.00. THIS AMOUNT IS THE AGREED UPON DAMAGES, IS NOT A PENALTY AND SHALL BE THE YOUR EXCLUSIVE REMEDY. THIS LIMITATION OF LIABILITY SPECIFICALLY COVERS LIABILITY FOR: (1) LOST PROFITS; (2) LOST OR DAMAGED PROPERTY; (3) GOVERNMENTAL FINES AND CHARGES; (4) CLAIMS OF THIRD PARTIES; AND (5) ANY AND ALL TYPES OF DAMAGES, INCLUDING: DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE WARRANTY AND OTHER DISCLAIMERS IN THESE TERMS, IN NO EVENT WILL (A) THE COMPANY OR ANY OF ITS RELATED PARTIES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THE SERVICES, EVEN IF THE COMPANY KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) THE COMPANY’S TOTAL CUMULATIVE LIABILITY FOR ANY DIRECT DAMAGES, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF LIFE OR ANY OTHER DAMAGES NOT EXCLUDED OR PRECLUDED PURSUANT TO (A) ABOVE, ARISING FROM OR RELATED TO THE SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO $500.00. THIS AMOUNT IS THE AGREED UPON DAMAGES, IS NOT A PENALTY AND SHALL BE YOUR EXCLUSIVE REMEDY.
YOU UNDERSTAND AND AGREE THAT THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF THE COMPANY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED OR LIMITED WARRANTY, NEGLIGENCE OF ANY KIND OR DEGREE, STRICT PRODUCT LIABILITY, SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, OR ANY OTHER THEORY OF LIABILITY. HOWEVER, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY WILFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT OF THE COMPANY OR GROSS NEGLIGENCE OF THE COMPANY IN THOSE JURISDICTIONS THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE.
XV. DISPUTE RESOLUTION – ARBITRATION PROVISIONS
PLEASE READ THIS SECTION CAREFULLY. THE ARBITRATION CLAUSE, JURY WAIVER, SEVERABILITY PROVISION AND THE REST OF THIS SECTION ARE IMPORTANT PARTS OF THE AGREEMENT BETWEEN YOU AND THE COMPANY.
These Terms are governed by and will be construed under the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof. Any and all claims between you and the Company shall be finally arbitrated: (1) in English; (2) in accordance with the Rules of the American Arbitration Association (“AAA”) then in effect; (3) your state of residence; (4) at the Company’s expense to the extent required by law; (5) pursuant to the Federal Arbitration Act; (6) by one arbitrator who shall: (i) be selected from the appropriate list of AAA arbitrators in accordance with such Rules; (ii) have sole authority to decide any question concerning the scope, applicability, enforceability, revocability, and/or validity of this arbitration agreement; and (iii) be barred from presiding over any class, collective, or representative action, consolidating multiple claimants’ cases or awarding any non-individualized relief (“Class Action Waiver”). The arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Any arbitration will take place on an individual basis. Class arbitrations, class actions, representative actions, any other form of collective action or consolidated proceedings are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. If the above Class-Action Waiver is found to be unenforceable or invalid, any class or representative claims would proceed in state or federal courts located in Miami, Florida. Under no circumstances shall any class or representative claims proceed in arbitration. To the extent the Class Action Waiver is valid, claims subject to the Class Action Waiver shall go forward in individual arbitration (as described above) and any such claims shall be stayed pending resolution of the individual arbitration. If any provision of this Section XIII is found to be invalid or unenforceable, that provision will be deemed appropriately modiﬁed to give effect to the intent of the provision or, if modiﬁcation is not possible, will be severed and the remainder of this Section XIII will continue in full force and effect. No waiver of any provision of this Section XIII will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver will not waive or affect any other provision of these Terms. This Section XIII will survive the termination of your relationship with the Company.
The Services are operated from the Company’s servers in the United States. You are responsible for compliance with the laws of the jurisdiction in which it is located. In no event shall you use the Services in any location where such use is prohibited or restricted by local law or where the Company would incur a tax or fee obligation that would not be paid by you. You may not use or export the Services or the products thereof in violation of United States laws and regulations, including, without limitation, export administration regulations. The Company may assign this agreement in its sole discretion at any time.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. The Company does not knowingly collect or solicit personally identifiable information from a child under 13 without obtaining verifiable consent from that child’s parent or guardian (“Parental Consent”), except for the limited amount of personally identifiable information the Company needs to collect in order to obtain Parental Consent (“Required Information”). Until the Company has received Parental Consent, the Company will only use Required Information for the purpose of obtaining Parental Consent. If you are a child under 13, please do not attempt to send any personal information about yourself to the Company before the Company obtains Parental Consent, except for the Required Information in the context of the Parental Consent process. If you believe that a child under 13 has provided the Company with personal information (beyond the Required Information) without the Company first obtaining Parental Consent, please contact the Company at firstname.lastname@example.org
Under no circumstances will any Related Party be liable for any delay or failure in performance due in whole or in part to any acts of God (such as earthquakes, storms, ﬂoods, etc.), unavoidable accidents, laws, rules, regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, or any other event or cause beyond the reasonable control of any Related Party.
We may change these Terms. If we do, the revised Terms will be effective immediately if you accept them (for example, by agreeing when you create an account or login to an existing account, or using or continuing to use our App after the revised Terms have been posted); otherwise, they will be effective 30 days after posting.
Acceptable Use Policy
Last Updated: June 15th,, 2021
Your use of our Services is governed by this Acceptable Use Policy. Terms that are deﬁned in the Terms and Conditions will have the same meaning in our Acceptable Use Policy.
You are responsible for your use of any Pitz Video, your Company account, our website, and any Submission(s). Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful.
You represent and warrant that: (a) you will not use a false identity or provide any false or misleading information; (b) you will not create an account if you (or any account that you created or controlled) have previously been removed or banned from our App; and (c) you will not use or authorize the use of any Pitz Video for any purposes other than: (i) the speciﬁc limited purposes set forth in the Terms and Conditions; (ii) those set out in any applicable Additional Terms.
You will not: (a) violate any law, regulation, or court order; (b) violate, infringe, or misappropriate the intellectual property, privacy, publicity, moral or “droit moral,” or other legal rights of any third party; (c) take any action (even if requested by another) that is, or submit, post, share, or communicate anything that is, or that incites or encourages, action that is, explicitly or implicitly: illegal, abusive, harassing, threatening, hateful, racist, derogatory, harmful to any reputation, pornographic, indecent, profane, obscene, or otherwise objectionable (including nudity); (d) send advertising or commercial communications, including spam, or any other unsolicited or unauthorized communications; (e) engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from our Site, including from any user of our Services; (f) transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of computers or related systems; (g) stalk, harass, threaten, or harm any third party; (h) impersonate any third party; (i) participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud; (j) use any means to scrape or crawl any part of our Services; (k) attempt to circumvent any technological measure implemented by us, any of our providers, or any other third party (including another user) to protect us, our Services, users, Recipients, or any other third party; (l) access our Services to obtain information to build a similar or competitive website, application, or service; (m) attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide our Services; or (n) advocate, encourage, or assist any third party in doing any of the foregoing.
For clarity, your use of any Pitz Video includes use anywhere (on our App or otherwise).
You acknowledge and agree that we are not obligated to monitor access to or use of our Services by you or third parties (including monitoring any Pitz Video, Content, Submission, or Ideas), but we have the right to do so to operate our Services; enforce this Policy or our Terms; or comply with applicable law, regulation, court order, or other legal, administrative, or regulatory request or process; or otherwise.