Last Updated: May 3, 2018
**PLEASE READ THIS DOCUMENT CAREFULLY. PitchHub, Inc. (“PitchHub,” “we,” or “us”) offers an online video sharing platform and community through its website located at PitchHub.com and other PitchHub-operated sites (collectively, the “PitchHub Site”), mobile applications, connected TV applications, and other online services (collectively and including the PitchHub Site, the “PitchHub Service”). By registering as a member or by using the PitchHub Service in any way, you accept these Terms of Service (“Agreement”), which forms a binding agreement between you and PitchHub. If you do not wish to be bound by this Agreement, do not use the PitchHub Service. **
1. Who May Use the PitchHub Service
AGE REQUIREMENT: You must be at least 13 years old to use the PitchHub Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian’s permission to use the PitchHub Service. Please have him or her read this Agreement with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the PitchHub Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of the PitchHub Service. If your child is using the PitchHub Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the PitchHub Service is appropriate for your child, contact us.
WARNING: Even if you are old enough to use the PitchHub Service and/or have your parent’s or guardian’s permission, some of the content available within the PitchHub Service may not be appropriate for you. Some content may contain “R-rated” material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.
2. License to Use the PitchHub Service
LICENSE: PitchHub grants you a limited, non-exclusive license to access and use the PitchHub Service for your own personal, non-commercial, and commercial purposes. This includes the right to view content available on the PitchHub Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
RESTRICTIONS: Except as expressly permitted by PitchHub in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the PitchHub Service or any source code therein. Nor will you attempt to circumvent any of PitchHub’s technical measures or take any measures to interfere with or damage the PitchHub Service. All rights not expressly granted by PitchHub are reserved.
- What information we may collect about you;
- What we use that information for; and
- With whom we share that information.
REGISTRATION: To fully use the PitchHub Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to PitchHub and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the PitchHub Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
SEAT ACCESS: If you are a PRO or Business subscriber, you may grant access to your account to other PitchHub members subject to a seat limit. You are responsible for the actions of those persons insofar as your account is concerned. If you are a PitchHub member who has been granted access to a PRO or Business account, you must comply with the terms of this Agreement in accessing that account.
5. Subscriptions and Purchases
SUBSCRIPTIONS: Currently PitchHub is offering a Basic (free) memberships. In the future we offer paid subscriptions for certain features of the user of resources. When that time comes users will be notified about the change and the charges will only affect the use of the system in the future (so no retroactive charges are possible). All fees may be subject to taxes.
6. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the PitchHub Service and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. Basic accounts may be deleted from the PitchHub Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Paid subscription accounts will remain active until the end of the subscription term and any renewal term.
TERMINATION FOR BREACH: PitchHub may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if PitchHub determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage PitchHub’s reputation and goodwill. If PitchHub deletes your account for the foregoing reasons, you may not re-register for the PitchHub Service. PitchHub may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by PitchHub will terminate. Sections 6 and 11 though 16 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. PitchHub shall not be responsible for the loss of such content.
7. Content Restrictions
You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious business schemes; or
- Violates any law.
All videos you submit must also comply with the PitchHub Guidelines, which are incorporated into this Agreement.
8. Code of Conduct
In using the PitchHub Service, you must behave in a civil and respectful manner at all times. Further, you will not:
- Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person;
- Harm or exploit minors;
- Distribute “spam”;
- Collect information about others; or
- Advertise or solicit others to purchase any product or service within the PitchHub Site (unless you are an official PitchHub partner or advertiser and have a written agreement with PitchHub).
PitchHub has the right, but not the obligation, to monitor all conduct on and content submitted to the PitchHub Service.
9. Licenses Granted by You
LICENSE TO PitchHub, Inc.: As between you and PitchHub, you own the video content (“videos”) that you submit to the PitchHub Service. By submitting a video, you grant PitchHub and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your video for the purpose of (i) displaying the video within the PitchHub Service; (ii) displaying the video on the third party websites that you request and applications through a video embed or PitchHub’s API subject to your video privacy choices; (iii) allowing other users to play, download, and embed on third party websites the video, subject to your video privacy choices; (iv) promoting the PitchHub Service, provided that you have made the video publicly available; and (v) archiving or preserving the video for disputes, legal proceedings, or investigations.
LICENSE TO OTHER USERS: You further grant all users of the PitchHub Service permission to view your videos for their personal, non-commercial purposes. This includes the right to copy and make derivative works from the videos solely to the extent necessary to view the videos. The foregoing licenses are in addition to any license you may decide to grant (e.g., a Creative Commons license).
DURATION OF LICENSES: The above licenses will continue unless and until you remove your videos from the PitchHub Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed videos may be cached in search engine indices after removal and that PitchHub has no control over such caching.
9.2 Non-video Content
As between you and PitchHub, you own all non-video content that you submit to the PitchHub Service. You grant PitchHub and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your non-video content. In addition, you waive any so-called “moral rights” in your non-video content. You further grant all users of the PitchHub Service permission to view your non-video content for their personal, non-commercial purposes. If you make suggestions to PitchHub on improving or adding new features to the PitchHub Service, PitchHub shall have the right to use your suggestions without any compensation to you.
10. Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to PitchHub and grant the licenses set forth above; (ii) PitchHub will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless PitchHub and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the PitchHub Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to PitchHub violates any law or infringes any third party right, including any intellectual property or privacy right.
12. Third Party Copyrights and Other Rights
PitchHub respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice at info[at]pitchhub[dot]com.
PitchHub reserves the right to modify the PitchHub Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the PitchHub Service. PitchHub has no obligation to screen or monitor any content and does not guarantee that any content available on the PitchHub Service complies with this Agreement or is suitable for all users.
PitchHub provides the PitchHub Service on an “as is” and “as available” basis. You therefore use the PitchHub Service at your own risk. PitchHub expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, PitchHub makes no representations or warranties:
- That the PitchHub Service will be permitted in your jurisdiction;
- That the PitchHub Service will be uninterrupted or error-free;
- Concerning any content submitted by any member;
- Concerning any third party’s use of content that you submit;
- That any content you submit will be made available on the PitchHub Service or will be stored by PitchHub;
- That the PitchHub Service will meet your business or professional needs;
- That PitchHub will continue to support any particular feature of the PitchHub Service; or
- Concerning sites and resources outside of the PitchHub Service, even if linked to from the PitchHub Service.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the PitchHub Service, and no warranties shall apply after such period.
14. Limitation of Liability
To the fullest extent permitted by law: (i) PitchHub shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) PitchHub’s total liability to you shall not exceed the amounts paid by you to PitchHub over the twelve (12) months preceding your claim(s).
15. Compliance Notice Pursuant to 18 U.S.C. § 2257
All pictures, graphics, videos, and other visual media displayed on the PitchHub Service are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) – (D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995. PitchHub is not the primary producer of the visual content contained in the PitchHub Service.
16. General Provisions
GOVERNING LAW: This Agreement shall be governed by the laws of the State of Delaware, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
DISPUTES: Any action arising out of or relating to this Agreement or your use of the PitchHub Service must be commenced in the state or federal courts located in Delaware, United States of America (and you consent to the jurisdiction of those courts). In any such action, PitchHub and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by PitchHub in exercising any right hereunder will waive any further exercise of that right. PitchHub’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without PitchHub’s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from PitchHub electronically. PitchHub may provide all such communications by email or by posting them on the PitchHub Service. For support-related inquiries, you may contact us. You may send notices of a legal nature to PitchHub at info[at]pitchhub[dot]com or the following address:
206 Via Lantana
Aptos CA 95003
Nothing herein shall limit PitchHub’s right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by PitchHub on the PitchHub Site or a written amendment signed by an authorized representative of PitchHub. A revised Terms of Service will be effective as of the date it is posted on the PitchHub Site.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
This Agreement constitutes the entire understanding between PitchHub and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.