The Pitch Inc. (“The Pitch”, “we”, “us” or “our”) owns and operates a business-to-business Application that brings performing artists and touring musicians together with arts presenters and concert buyers at the www.ThePitch.ca (the “Application”). The Application is purpose built to build a broad, trusted community of touring artists, agencies, performance companies, presenting networks, presenters, and venues seeking live or digital performances. Through the Application, we seek to provide users with (i) an opportunity for users to offer and view video-based performance pitches in customizable showcases (each, a “Performance Pitch”); and (ii) access to digital content creation and discovery that enables users to make connections with other users through the functionality of the Application (collectively, the “Services”).
Please read these Terms carefully. They constitute a legal agreement between you and The Pitch. By accessing or using the Application or the Services, you confirm your agreement to accept and be bound by these Terms, as they may be amended from time to time (see below), in relation to your entire relationship with The Pitch, both before and after your acceptance of these Terms. If the individual who accepts these Terms is accepting on behalf of a company or other legal entity, that individual represents that they have the authority to bind that entity and its affiliates to these Terms, in which case the terms “you”, “your”, and “yourself” also refers to that entity and its affiliates. If the individual who accepts these Terms does not have that authority, or does not agree with these Terms, that individual and the company or other legal entity they represent must not accept these Terms and may not access or use the Application or the Services.
- Account Creation
To use or access the Application and Services, you must sign up for, open, and maintain an account with The Pitch and pay the subscription fees in the manner specified in section 3 below.
You must be at least 18 years of age (or the age of majority in your jurisdiction, whichever is greater) to create an account. If you are under the legal age of majority in your jurisdiction of residence, or if you are under the age of majority in the location from which you are using or accessing the Application, you may not use or access the Application and the Services.
By creating an account, you represent, warrant, and agree that you (i) can form a binding contract with us; (ii) will comply with these Terms and all applicable laws; (iii) will provide accurate, current, and complete information about yourself as prompted by our registration form or otherwise; and (iv) will maintain and update your information, including your contact information, so that it remains accurate, current, and complete at all times.
You are responsible for the confidentiality and use of your username and password and agree not to transfer to any third-party your right to use or access the Application or Services via your account. You agree to notify us immediately of any unauthorized use, theft, or appropriation of your account, username, or password. We will not be liable for any loss that you incur as a result of someone else using your account, username, or password, either with or without your knowledge or permission.
- Subscription Fees
Registration and Subscription Fees
By completing your registration for an account, you authorize us (or our third party payment processor) to charge you a subscription fee, plus applicable taxes on a recurring basis in accordance with the offering you select during the account creation process. The taxes payable in connection with your subscription fees will depend on your jurisdiction of residence.
Billing Terms and Promotions
The subscription fees will be charged to you on an annual basis against the credit card that you provide to use during the registration of your account. If the credit card payment is declined, you agree that you will no longer be able to access or use the Application or the Services, and we may suspend or terminate your access to any and all Proprietary Property and User Content.
Subscription fees will be charged to you at the then-current rate either (i) immediately upon the commencement of your subscription; or (ii) if your access and use of the Application and Services is offered without charge for a set period of time, with an initial time period included, or on a reduced fee basis for an initial period (each, a “Promotion”), automatically following the end of such period unless you cancel prior to the end of the applicable Promotion. For example, for a monthly subscription, you will be charged the subscription fee on a monthly basis each month of the term of your subscription. If you wish to avoid such charges, you must cancel your subscription prior to the end of the applicable Promotion term or subscription term in accordance with the terms of the Promotion and these Terms.
You may cancel your recurring subscription by cancelling your subscription through the Application. Your failure to cancel your subscription during the current term of your subscription will result in the renewal of your subscription automatically. For example, if your monthly subscription period commences on the 15th day of the month, you may cancel your subscription at any time prior to the 14th day of the following month to avoid being charged the subscription fee for the following month.
If you cancel your subscription, you will not be refunded or credited for any portion of any subscription fee that has already been paid; however, you will be able to access and use the Application and the Services until the end of the month to which your last paid subscription fees relate.
All subscription fees are non-refundable and non-cancellable. We will not provide refunds or credits for any subscription fees or other amounts paid for any period during which you did not use or access the Application or the Services.
- Proprietary Rights and Licences
Acknowledgment re: Ownership of the Property
You acknowledge and agree as follows:
- the Application and the Services, including any and all intellectual property rights in or related to them, are, will be, and will remain the sole and exclusive property of The Pitch, its affiliates, its licensors, or their respective successors and assigns. Neither these Terms nor your use of the Application or the Services convey or will convey to you any right, title, or interest in or in relation to the Application or the Services;
- except for public domain material and your personal information, all works, recordings, content, information, documents, and other materials on or that form part of the Application and the Services (the “Content”) are protected by copyright and other laws and are, will be, and will remain the sole and exclusive property of The Pitch, its affiliates, its licensors, or their respective successors and assigns;
- all trademarks, trade names, logos, services marks, certification marks or other indicia of source that are used by The Pitch in connection with the Application or the Services (the “Trademarks”) are and will remain the sole and exclusive property of The Pitch, its affiliates, its licensors, or their respective successors and assigns; and
- all data, performance metrics, analytics, reports, know-how, or other information related to the functionality or performance of the Application and the Services (collectively, “Data”), regardless of how, when, or by whom they are created, are, will be, and will remain the sole and exclusive property of The Pitch, its affiliates, its licensors, or their respective successors and assigns. You further acknowledge and agree that the Data is an original compilation protected by copyright law, The Pitch has dedicated substantial resources to collect, manage and compile the Data, and the Data constitutes trade secrets of The Pitch.
All rights in and to the Application, Services, Content, Trademarks, and Data (collectively, the “Proprietary Property”) are expressly reserved by their owner(s), except to the extent of the limited licence expressly granted to you in these Terms. Other than to the extent expressly authorized in these Terms, you may not, directly or indirectly, host, store, use, run, reproduce, copy, distribute, display, present, publish, transmit, broadcast, communicate to the public by telecommunication, make available, sublicense, sell, reverse-engineer, decompile, disassemble, merge with other data, translate, modify, or otherwise exploit the Proprietary Property, in whole or in part, or authorize else to do so, without the express prior written consent of its owner(s).
Access to use and of the Application and Services
Subject to these Terms, The Pitch grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable right to access and use the features of the Application and Services in accordance with these Terms.
- User Content
Please read the following terms carefully. This section 4 relates to your creation and/or submission of user content on or through the Application and the Services. Under this section, you are required to grant broad and significant rights to The Pitch, users of the Application and the Services, and others, in relation to the Performance Pitches and other content that you provide and/or make available on and through the Application and the Services.
Definition of “User Content”
The Pitch may, in its discretion, permit you to create, submit, upload, publish, or otherwise make available to The Pitch and other users, through the Application and the Services, including in connection with the creation, submission, publication, or making available of Performance Pitches, works, content or other materials that may include trademarks, logos, text, copy, captions, taglines, slogans, concepts, ideas, plans, graphics, images, photographs, animation, designs, layouts, artwork, videos, film, footage, choreography, music, sound recordings, performers’ performances, or other literary, dramatic, musical, or artistic works (“User Content”). For greater certainty, Performance Pitches are User Content and are subject in all respects to the terms of this section 4, including all licences, waivers, permissions, representations, warranties, and covenants.
Licences to User Content
By creating, submitting, uploading, publishing or otherwise making available any User Content on or through the Application or Services, you hereby grant to:
- The Pitch, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable, sublicensable right and licence to host, store, use, run, reproduce, copy, distribute, display, present, publish, communicate to the public, perform, transmit, broadcast, make available, and otherwise exploit in any way the User Content and Adaptations (as defined below), including all copyrights and other intellectual property rights therein and thereto, in whole or in part, in any format or media now known or later devised, for or in connection with the Application, the Services, and the business, commercial, and promotional purposes of The Pitch and its users, including providing the Services to The Pitch’s users in accordance with these Terms and authorizing the use of the User Content and Adaptations by those users in any way permitted by The Pitch from time to time (the “User Content Licence”). For clarity, and without limiting the foregoing, you agree that User Content Licence includes the rights to (a) modify, edit, and translate the User Content as necessary to include the User Content on the Application in accordance with these Terms, combine and juxtapose the User Content with other works, content or materials, include the User Content in collective works, and create and exploit derivative works based on or including the User Content in whole or in part (collectively, “Adaptations”); and (b) use the User Content in association with any product, service, cause, or institution. For example, The Pitch may add a watermark to User Content after such User Content has been published, submitted, uploaded or otherwise to the Application.
- each user of the Application or Services, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable, sublicensable right and licence to access the User Content and any Adaptations in every way permitted through the functionality of the Application and Services from time to time and to host, store, use, run, reproduce, copy, distribute, display, present, publish, communicate to the public, perform, transmit, broadcast, make available and otherwise exploit the User Content and Adaptations as permitted through the functionality of the Application and the Services from time to time and in accordance with these Terms.
Waiver of Moral Rights re: User Content
You hereby waive absolutely, irrevocably, and unconditionally, in favour of The Pitch and its licensees, any and all moral rights and other similar rights that you or your successors or assigns may enjoy, now or in the future, throughout the world, in relation to the User Content.
Permissions re: User Content
You agree that, before you create, submit, upload, publish, or otherwise make available any User Content on or through the Application or the Services, you will obtain from all persons who are, or whose intellectual or other property is, identified, depicted, or otherwise referred to in the User Content, all licences, permissions, consents, and waivers, including waivers of moral rights (“Permissions”) that are necessary for The Pitch, its users, and their respective affiliates, service providers, representatives, licensees, successors, and assigns to exercise their rights in and to the User Content in accordance with these Terms. If The Pitch determines that any Permission is in any way deficient, you must remove the affected material, or cause it to be removed, from the User Content or remove the User Content from the Application and the Services, and The Pitch may take any other steps it considers necessary or expedient to address the apparent deficiency. You further acknowledge and agree that you are solely responsible for keeping all Permissions current, at your sole cost and expense, for so long as the User Content remains available or accessible on or through the Application or the Services.
Representations, Warranties, and Covenants: User Content
In relation to all User Content that you create, submit, upload, publish, or otherwise make available on or through the Application or the Services, you represent, warrant, and covenant that
- the User Content is and will be completely original to you, its sole author (as that term is used in the Copyright Act (Canada)), or you are the duly-authorized licensee of the User Content with full right and authority to grant all rights and licences granted by these Terms;
- you have or will acquire, and will keep current, all Permissions necessary to grant all rights and licences granted in relation to the User Content by these Terms;
- you have not copied and will not copy any User Content from any other works or subject matter and will ensure that the User Content, and its use by The Pitch, its affiliates, and their respective licensees and assigns in accordance with these terms, does not and will not violate, infringe. or misappropriate any intellectual property, proprietary, personality, privacy, or other rights of any third party, anywhere in the world, or result in the violation of any applicable laws; and
- you will not submit, upload, publish, or otherwise make available any User Content that is defamatory, abusive, harassing, threatening, hateful, racist, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by The Pitch in its sole discretion; is illegal, encourages or advocates for illegal activity, or discusses and encourages the commission of illegal activities; expresses or implies that any statements you make or actions you take are endorsed by us or that indicates that you are an employee or representative of The Pitch; or violates, infringes, or misappropriates any intellectual property, proprietary, personality, privacy or other right of any third-party or results in the violation of any applicable laws.
Rights of Publicity and Advertising
You hereby grant to The Pitch and its affiliates the right to use, reproduce, and display your User Content, as well as your name, trademarks, brands and/or logos, in its professional portfolios, public and other presentations, websites, social media channels, contributor lists, and customer lists, for the purpose of promoting The Pitch’s business and professional activities. For clarity, this licence includes the right to list you as a current or past user of the Application or a contributor of User Content to the Application, each as the case may be.
- User Feedback
The Pitch welcomes any feedback, comments and suggestions you may have to improve the Application and the Services (“Feedback”), either through the Application or by contacting us directly at service@ThePitch.ca. You hereby grant The Pitch and its designees a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable licence to host, store, use, run, reproduce, copy, distribute, display, present, publish, transmit, broadcast, make available, and otherwise exploit any Feedback you submit, for any purpose, without further obligation to you. No Feedback will be subject to any obligations of confidentiality and The Pitch will not be liable for any future use or disclosure of such Feedback.
- Content Disclaimers
The Pitch does not guarantee the accuracy, quality, appropriateness, or fitness for any purpose of any content transmitted on or through the Application or the Services, including User Content. You acknowledge that the Application and the Services simply act as conduits for facilitating consumer engagement through the publication, dissemination, and making available of Pitch Performances and other User Content, and that all content posted on, transmitted through, or linked through the Application is the sole responsibility of the user from whom the content originated. You therefore acknowledge and agree that:
- we do not control, and is not responsible for, content made available through the Application or Services, including the User Content;
- we reserve the right to review and delete any content, including User Content, at any time, in its sole discretion, for any reason, including that, in our sole judgment, such content violates these Terms or applicable law,
- we have no obligation to screen, preview, censor, or alter any content, including User Content;
- by using the Application and Services, you may be exposed to content that is inaccurate, misleading or offensive; and
- you must evaluate and make your own judgment, and bear all risks associated with, the use of the Application and the Services.
By using the Application and the Services, you agree that it is solely your responsibility to evaluate the risks associated with the use, accuracy, usefulness, completeness, and appropriateness of the Application, the Services, and the content they may contain, or to which they may provide or facilitate access, from time to time, including the User Content. Under no circumstances will The Pitch be liable to you in any way for any content, including but not limited to any Performance Pitches or other User Content, that contains any errors, omissions, defamatory statements, or confidential or private information (including personal and health information), for any loss or damage of any kind incurred as a result of the use of any content created, submitted, accessed, transmitted, or otherwise made available on, through or in association with the Application or the Services, or for the removal of any content from the Application or the Services for any reason.
You acknowledge and agree that the inclusion of any User Content on or through the Application and Services does not imply The Pitch’s endorsement of such User Content or the individual(s) that created, submitted, uploaded, published, or otherwise made available the User Content and that we do not make any claim as to the accuracy of legality of any Performance Pitches or other User Content.
- Communications and Interactions on and off the Application
Although we strive to encourage users of the Application and Services to conduct themselves in a professional and respectful manner when using the Application and the Services and communicating with other users, we are not responsible for the conduct of any user on or off the Application or during, before, or after any such user providers or receives services from another user (or any third party).
You agree to exercise caution in all interactions with other uses, particularly if you decide to: (i) communicate with other users outside of the Application; or (ii) meet other users in person.
You are solely responsible for your interactions with other users. You understand and agree that The Pitch does not conduct criminal background checks on its users or otherwise inquire into the background of its users.
- No Endorsement; Disclaimers
The Pitch does not endorse and is not responsible or liable for any User Content, data, advertising, products, goods, or services available or unavailable from or through any user or third party advertised on or linked to or through the Application or the Services, including in Performance Pitches (each an “Advertiser”). You agree that, if you use or rely on any Performance Pitch, other User Content, or data, advertisement, products, goods, or services purportedly available from or through any Advertiser, we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with that use or reliance. Your dealings with any Advertiser or other user, and any terms, conditions, representations, or warranties associated with those dealings, are solely between you and that Advertiser or other user and do not involve The Pitch. You should make whatever investigations you deem reasonable, necessary, or appropriate before contacting, hiring, purchasing products or services from, or otherwise engaging with any Advertiser or other user.
The Pitch make no representations or warranties as to the conduct of the users of the Application or the Services or the quality or timeliness of any services that they may provide on, through, or in connection with any business or other arrangement agreed among users of the Application or Services. You acknowledge and agree that your ability to obtain services from another user or to provide services to another user and/or any third party does not establish The Pitch as a provider or guarantor of such services. For clarity, and without limiting the foregoing, The Pitch does not guarantee the quality, suitability, safety or ability of users or any third party to provide, receive, or pay for any products or services. You agree that the entire risk arising out of your use of the services of any user (or provision of your services to any user) remains solely with you, to the maximum extent permitted by law.
- User Disputes
If there is a dispute between users of the Application, or between users and any third party, you understand and agree that The Pitch is under no obligation to become involved in such dispute or to assist in the mediation or resolution of such dispute.
- Linked Website Disclaimer
The Application or the Services may provide links to third-party websites for your convenience only. The Pitch is not responsible for those websites, and the inclusion of these links does not imply that The Pitch either monitors or endorses them. Please be aware that these third-party websites are governed by separate terms and conditions and privacy policies. We encourage you to be aware when you click these links and leave our Application. Your use of these third-party websites is at your own risk. The Pitch is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of or reliance upon any information, content, goods, or services available on or through any third-party websites or linked resources.
- Availability and Currency of the Application and Services
While The Pitch endeavours to keep downtime to a minimum, we cannot promise that the Application or availability of the services will be uninterrupted, secure or error-free. We reserve the right to interrupt or suspend access to the Application or the availability of the Services, or any part thereof, with or without prior notice for any reason and you will not be entitled to any refund of fees or other compensation for any such interruption or suspension.
You are solely responsible, at your own expense, for obtaining and maintaining all Internet access, computer hardware, and other equipment and services needed to access and use the Application and the Services.
The Pitch updates the information on the Application and in the Services periodically. However, The Pitch cannot guarantee or accept any responsibility or liability for the accuracy, currency, or completeness of that information. The Pitch may revise, supplement or delete information, User Content, and services or resources contained on the Application or included in the Services and reserves the right to make such changes without prior notification to past, current, or prospective users.
- Internet Software or Computer Viruses
Due to the inherent technical limitations of the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the Application or included in the Services. Due to the ability of third parties to share certain content and materials, computer viruses or other destructive programs may also be downloaded inadvertently from the Application or transmitted inadvertently through the Services. The Pitch recommends that you install appropriate anti-virus or other protective software.
The Pitch is not responsible or liable for any software, computer viruses, or other destructive, harmful, or disruptive files or programs that may infect or otherwise affect the use of your computer equipment or other property on account of your access to or use of the Application or the Services or your downloading or otherwise acquiring any content, User Content or other Materials (as defined below) or information from the Application or through the Services.
- General Restrictions and Code of Conduct
While using the Application or the Services, you agree to comply with these Terms and all applicable laws, rules, and regulations. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Application and the Services. In addition, you agree that you will not:
- attempt to access another user’s account, including, without limitation, by attempting to use another user’s credentials to create an account on the Application unless you are expressly authorized to do so;
- use the Application or the Services for a commercial purpose or for the benefit of any third party in a manner that is not permitted by these Terms;
- reverse-engineer, disassemble, or otherwise attempt to discover the source code to the Application or the Services;
- remove any proprietary notices, labels, or other rights management information from the Application or the Services;
- transmit or disseminate any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, or other forms of solicitation through the Application or the Services;
- collect, store, or attempt to collect or store from the Application or the Services any personal information of other users without their express permission;
- impersonate or misrepresent your qualifications or your affiliation with any person or entity;
- mirror or frame any part of the Application, the Services, or any of the content they contain, without our express prior written consent or as expressly permitted by these Terms;
- use any robot, spider, site search or retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine”, or otherwise reproduce or circumvent the navigational structure or presentation of the Application or the Services, without our express prior written consent;
- violate any applicable law or regulation;
- engage in any conduct which we, in our sole discretion, deem to be detrimental to our interests, including, without limitation, acting or failing to act in a manner contrary to these Terms, or intentionally interfering with the Application, the Services, or our computer systems; or
- encourage or enable any other individual to do any of the above.
Engaging in prohibited conduct constitutes a breach of these Terms and may subject you to civil liability or criminal prosecution under applicable laws. The Pitch reserves the right to investigate and/or terminate your account, without a refund of any purchases or settlement of any outstanding accounts, if you have violated these Terms, misused the Application, the Services, or any User Content or Materials they contain, or acted in a manner that The Pitch regards as inappropriate or unlawful.
- General Disclaimer and Limitation of Liability
The Proprietary Property, all User Content, and any and all other content, information, and other materials available through the Application (collectively, the “Materials”) are provided “as is”, “where is” and “with all faults”, without express or implied representation, warranty, or condition of any kind. To the maximum extent permissible under law, The Pitch disclaims all representations, warranties, and conditions, express or implied, including but not limited to implied representations, warranties, or conditions of merchantability or fitness for a particular purpose. The Pitch does not represent or warrant that the Proprietary Property, User Content, or the Materials will meet your requirements or that their use will be uninterrupted or error-free.
You assume all responsibility and risk for using this Proprietary Property, User Content, and the Materials, including without limitation any of the information contained therein.
In no event will The Pitch be liable for any incidental, indirect, punitive, exemplary, consequential, or other similar damages whatsoever, or for any damages for loss of profits, loss of revenues, or loss of information, arising under or out of these Terms, including without limitation, your use of, reliance upon, access to, or exploitation of the Proprietary Property or any User Content or Materials, or any part thereof, or any rights granted to you hereunder, even if The Pitch has been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence and misconduct), infringement of intellectual property rights, or otherwise.
In any event, The Pitch’s total maximum aggregate liability under these terms or in connection with the use or exploitation of any or all part of the Proprietary Property, any User Content or Materials, in any manner whatsoever, will be limited to Five Canadian Dollars ($5.00 CAD).
The Pitch does not assume any risks beyond those expressly stated in these terms.
You agree to indemnify, defend, and hold harmless The Pitch from and against any claim, loss, obligation, demand, damage, cost, liability, or expense (including legal fees and disbursements) they may incur, directly or directly, arising from (i) your use of or access to the Proprietary Property; (ii) your violation of any term of the Terms; (iii) your violation of any third party right, including any intellectual property, proprietary, or privacy right; or (iv) any claim that your User Content caused damage to a third-party, infringes the rights of any third party, or violates any applicable law. This defense and indemnification obligation will survive and continue in perpetuity.
- Governing Law
These Terms and your use of our Application and Services are governed by the laws of Alberta and the federal laws of Canada applicable to contracts made and performed entirely within Ontario. Any dispute arising under these Terms will be resolved by the courts located in Calgary, Alberta, which you agree will have jurisdiction over any such dispute.
We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including without limitation the right to block access from a particular mobile device.
- Copyright Dispute Policy (Canada)
If you believe that material or content that resides or is accessible on or through the Application or Services infringes a copyright, please send a notice of claimed infringement to The Pitch, either by email at service@ThePitch.ca or by mail to the following address: 79 Ponderosa Drive, Whitehorse, YT Y1A 5E8. The notice should contain the following information:
- contact information about the claimant, including name, mailing address, and other particulars required to communicate with the claimant;
- identification of the work or other subject matter to which the claimed infringement relates;
- a description of the claimant’s interest or rights in or to the work or other subject matter;
- identification of the electronic location of the infringing material to which the claimed infringement relates, with sufficient detail so that The Pitch is capable of finding and verifying its existence;
- the date and time of the commission of the claimed infringement; and
- any other information that may be prescribed under applicable laws.
The notice may not contain any of the following:
- an offer to settle the claimed infringement;
- a request or demand, made in relation to the claimed infringement, for payment or for personal information;
- any reference, including by way of hyperlink, to such an offer, request, or demand; or
- any other information that may be prescribed under applicable laws or regulations.
If the notice is not compliant with these requirements, The Pitch will have no legal or other obligation to take any action in relation to the claimed infringement.
If a proper bona fide infringement notice is received in accordance with these Terms, it is The Pitch’s policy to remove or disable access to the infringing material; notify the user that posted, submitted or uploaded the subject content that The Pitch has removed or disabled access to the material; and where The Pitch deems appropriate, discipline repeat offenders, in accordance with applicable laws, by suspending or terminating the offender’s access to or use of the Application, the Services, and the User Content and Materials they contain, in whole or in part.
- Digital Millennium Copyright Act Notice (United States)
Our Application contains materials of third parties and links to third party sites. As a result, materials of third parties not owned or controlled by us are included in or linked to our Application.
The Pitch respects intellectual property rights and expects users of the Application to do the same. If you are an owner of copright, or the agent of an owner of copyright, and you believe that any of the copyrighted material which is directly available on the Application infringes your copyrighted work, please let us know by notifying our designated agent for notice of copyright claims at the following address:
By mail: The Pitch, 79 Ponderosa Drive, Whitehorse, YT Y1A 5E8
By email: service@ThePitch.ca
Please include as much detail as possible to allow us to identify the facts or circumstances of the alleged infringement, including:
- a physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;
- a specific identification of each copyrighted work claimed to have been infringed;
- a description of where the material believed to be infringing is located on the Application (please be as detailed as possible and provide a URL to help us locate the material you are reporting);
- contact information for the complaining party, such as a complete name, address, telephone number, and email address;
- a statement that the complaining party has a good faith belief that the use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and that the complaining party is the owner of the right that is allegedly infringed, or agent for the owner.
Upon receipt of proper notice of claimed infringement, we will respond expeditiously by disabling access to materials claimed to be infringing. We may also, in appropriate circumstances, terminate relationships with third parties who repeatedly infringe the copyrights of others in connections with our Application.
- Termination and Suspensions
The Pitch may, at any time and from time to time, without notice, suspend or terminate your access or right to use to the Application or the Services if The Pitch determines, in its sole discretion, that
- you have violated or otherwise breached these Terms;
- any information provided by you is untrue, inaccurate, not current, or incomplete; or
- you, or any other parties, are obtaining unauthorized access to the Application, the Services, any User Content or Materials, or any other systems or information of The Pitch.
A suspension may be for such period of time as The Pitch considers necessary to permit the thorough investigation of the conduct at issue.
At the end of your subscription or upon cancellation of your subscription, your account will remain dormant online for a period of 6 month. During this time, your account and any associated User Content will be maintained on the Application. At the end of the dormant period, your account will be removed from the Application permanently. For clarity, any User Content posted or made available on the Application will not be deleted.
You agree that, upon the suspension or termination of your access or right to use the Application or the Services, you will immediately cease and desist from all use of the Application and the Services unless and until access is restored by The Pitch.
You may not assign, transfer, sublicense, or convey these Terms, including any rights granted by The Pitch and obligations assumed by you, except with The Pitch’s prior written consent. We may assign, transfer, sublicense, or convey these Terms, and our rights and obligations under them, to any third party without notice to you.
No waiver of satisfaction of a condition or non-performance of an obligation under these Terms is effective unless it is in writing and signed by the party granting the waiver or that party’s authorized representative. Unless expressly granted in writing and signed by the party granting the waiver or that party’s authorized representative, no waiver will extend to any subsequent non-satisfaction of a condition or non-performance of an obligation under these Terms, whether or not of the same or similar nature to that which was waived. No waiver will affect the exercise of any other rights or remedies under these Terms. Any failure or delay in exercising any right or remedy will not constitute, or be deemed to constitute, a waiver of that right or remedy. No single or partial exercise of any right or remedy will affect the further exercise of any right or remedy.
The headings used in these Terms and their division into articles, sections, schedules, exhibits, appendices, and other subdivisions do not affect its interpretation.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
These Terms, together with any additional terms and conditions presented to you at the time of your use of the Application, Services, User Content and/or Materials and to any separate written agreement between you and The Pitch, constitute the entire agreement; there are no representations, covenants, or other terms other than those set out thereunder, and supersedes any previous discussions, understandings, or agreements, between the parties relating to its subject matter.
You acknowledge and agree that we may make changes to these Terms from time to time, for any reason, in our sole and absolute discretion. The most recent version of these Terms will be posted at ThePitch.ca. If the changes that we make include material changes that affect your rights and obligations, we will take reasonable steps to notify you of the changes in advance. Your continued use of the Application or the Services after we post and/or notify you of any changes to the Terms means that you accept and agree to be bound by the Terms as amended.
- Questions, Concerns, and Suggestions
If you have any questions, concerns or suggestions regarding the Application, the Services, any User Content or Materials, or these Terms, please contact us at: service@ThePitch.ca.