Terms of Use

Please read these Terms of Use carefully before accessing or using this website.

1. ACCEPTANCE OF TERMS

1.1 You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that Pitch may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

1.2 Pitch may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of Pitch to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.

1.3 We can make changes to the terms of use. On the unlikely occasion that this may happen, all users to the best of our abilities will be informed. Upon purchasing this product, you agree to these terms.

2. INTELLECTUAL PROPERTY LIMITED LICENSE TO USERS

2.1 All content on this Site, including but not limited to Images, Video, Music, and related metadata (collectively the “Pitch Content"), as well as the selection and arrangement of the Pitch Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Pitch Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and Pitch, Pitch does not grant any express or implied permission to use the Site, the Site Services (as hereinafter defined), or any Pitch Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any Pitch Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Pitch Content.

2.2 Unless you enter into a license agreement with Pitch you may not download, distribute, display and/or copy any Pitch Content.

2.3 You may not remove any watermarks or copyright notices contained in the Pitch Content unless given access or have White label license.

3. PITCH TRADEMARKS

3.1 For the purposes of these Terms of Use, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Pitch.

3.2 Nothing contained herein grants or shall be construed to grant you any rights to use any Pitch Trademark, unless expressly conferred by these Terms of Use.

3.3 You agree that you will not use Pitch's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Pitch.

3.4 You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Pitch Trademarks or the Trademark rights claimed by Pitch.

3.5 You agree that you will not use any Pitch Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.

3.6 You may not at any time, adopt or use, without Pitch's prior written consent any word or mark which is similar to or likely to be confused with Pitch's Trademarks.

3.7 The look and feel of the Pitch website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Pitch and may not be copied, imitated or used, in whole or in part, without the prior written consent of Pitch.

3.8 All other trademarks, product names, and company names or logos used or appearing on the Pitch website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Pitch, unless expressly so stated.

3.9 You may not use a Pitch trademark, logo, Image or other proprietary graphic of Pitch to link to the Pitch website without the prior written consent of Pitch.

3.10 You may not frame or hotlink to the Pitch website or any Image without the prior written consent of Pitch.

3.11 It is in agreement as well that the rendered mock up should not be used in any immoral activities or posting such as but not limited to derogatory advertising and sexually explicit content renderings.

4. SITE SERVICES

4.1 Various services are made available to you, pursuant to your use of the Site and Pitch Content licensed thereon (the “Site Services”). Subject to your compliance with these Terms of Use, any applicable license agreement with Pitch, and the law, you may access and use the Site Services. Pitch remains the sole owner of all right, title, and interest in the Site Services and reserves all rights not expressly granted under these Terms of Use. Pitch may modify, replace, or discontinue any Site Services at any time, for any reason, with or without notice, in Pitch’s sole discretion. Pitch provides the Site Services on an "as is" and "as available" basis. Pitch (or third parties acting on its behalf) may collect data related to your use of the Site Services

4.2 Pitch may make Pitch Content available through the Site Services. You may not use any Pitch Content for any purpose without first obtaining a license to use such Pitch Content. Any use of Pitch Content by you shall be governed by the applicable license agreement separately entered into between you and Pitch. Displaying and/or distributing to the public any watermarked or unlicensed Pitch Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.

4.3 SPECIFIC PITCH SERVICES

4.3.1 What We Provide. The Website allows you to create video ads using videos and music tracks edited and owned by Pitch to use for your marketing and advertising purposes.  You can access the SERVICES via the Website and/or other designated websites as designated by PITCH. Your use of the SERVICES will be subject to these Terms of Use, PITCH’s privacy policy, additional terms and conditions found on the Website (the “Additional Terms”), and one or more of the following license agreements that are set forth on the Website (each, a “License” and collectively, the “Licenses”), which Licenses can be found on your receipt. It is noted that one purchase is equivalent to one license. The terms and conditions of the Additional Terms and Licenses are hereby incorporated into these Terms of Use by this reference. The Licenses do not ensure that your use of the SERVICES is compliant with any other branded products that are used in PITCH’s images or other digital products. Each Service that is provided will designate which License(s) are applicable to that Service, and upon your use of the Service, you shall be bound by the terms of the applicable License(s) associated therewith.

The “SERVICES” include PITCH’s hosting of online, web-based applications (the “PITCH Applications”), which may include related support and maintenance activities. The “PITCH Applications” means applications supplied by PITCH for your use in connection with the SERVICES, including any optional modules, custom or standard enhancements developed by PITCH, updates and upgrades, and associated offline components.

4.3.2 Free Service. PITCH offers a portion of the SERVICES without charge, provided that you satisfy certain criteria for such free use as determined by PITCH, in its sole discretion (the “Free SERVICES”). You acknowledge and agree that PITCH may, in its sole and absolute discretion, terminate your use of the Free SERVICES or change the eligibility requirements for the Free SERVICES. Free SERVICES pertains to using of templates, adding of images via computer or via the URL grabber, adding text or using the editor, checking the output via image preview but you will not be able to download the mocked up images provided to subscribes to a subscription plan.

4.3.3 Subscription SERVICES. By (i) selecting the applicable subscription plan (each, a “Monthly/Yearly Subscription Plan”) via an online purchase process, and (ii) paying all applicable fees and charges for the SERVICES related thereto, you will have the ability to access all images and videos, do mock up on all images and has the ability to download all mocked up images and videos. PITCH offers a variety Subscription Plans to suit your needs. Any benefits included in a Subscription Plan will be subject to change at any time and from time to time, as determined by PITCH, in its sole discretion.

The term of your use for the SERVICES purchased under a Monthly/Yearly Subscription Plan (the “Subscription SERVICES”) commences on the date that you purchase a Subscription Plan and expires on the last day of the applicable billing cycle after you voluntarily cancel the Subscription Plan (the “Subscription Term”), unless sooner terminated as provided herein.  You will maintain the rights to use any images and videos downloaded during your subscription period with the license that was granted to you forever. Each billing cycle for the Subscription SERVICES runs from the date that you purchase a Subscription Plan until the date that is one month thereafter. NOTE THAT SUBSCRIPTION PLANS AUTOMATICALLY RENEW ON A MONTHLY BASIS UNLESS AND UNTIL YOU CANCEL THE SUBSCRIPTION PLAN AS PROVIDED HEREIN.  IF YOU FAIL TO SEND THE CANCELLATION NOTICE (by pressing CANCEL on the application) PRIOR TO THE END OF A BILLING CYCLE, YOU WILL BE CHARGED FOR THE NEXT ENTIRE MONTHLY BILLING CYCLE.

4.3.4 One-Time Use. You may also purchase single images using the one-time purchase option on the Website. By (i) selecting image that you wish to purchase (each, a “One-Time Purchase”) via an online purchase process, and (ii) paying all applicable fees and charges for the SERVICES related thereto, you will have the ability to download a single image for your use.

5. USE OF SERVICES

5.1 Responsibilities of PITCH. PITCH shall: (i) provide the SERVICES only in accordance with applicable laws and government regulations; (ii) maintain reasonable administrative, physical and technical safeguards for the protection, confidentiality and integrity of any electronic data, video, artwork, screen names, graphics (including logos), photos, profiles, audio (including music), links, software or written content or any other files, or any other information supplied by you or your Users, but excluding any PITCH Applications, templates, sample or demonstration content or files utilized or provided by PITCH as part of the SERVICES; and (iii) use commercially reasonable efforts to restore any lost User Content or images generated from fee-based SERVICES in the event of unavailability due to a failure in the SERVICES, provided that PITCH shall have no liability whatsoever for the loss of any such User Content or images or its failure to restore the same. You may contact PITCH through Pitch Support or via Intercom to receive basic support SERVICES for the purchased SERVICES at no additional charge and/or upgraded support if made available by PITCH and purchased by you separately by way of a written agreement between PITCH and you.

You acknowledge and agree that there may be interruptions in your use of the SERVICES including, without limitation, (a) planned downtime (of which PITCH shall endeavor to give at least 8 hours’ notice on its Website, or (b) any unavailability caused by circumstances beyond PITCH’s reasonable control, including without limitation, unusually heavy traffic to the Website, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving PITCH’s employees), Internet service provider failures or delays, or any failures, delays or downtime caused by PITCH’s vendors, including, without limitation, the unavailability or modification by third parties of Third Party Applications. PITCH shall have no liability for any such interruptions from any cause whatsoever.

5.2 Your Responsibilities. You are responsible to ensure that the User Content and any images generated by you and your Users during use of the SERVICES comply with all applicable laws. You shall be responsible for any and all costs associated with your use of the SERVICES and the images generated thereby. You also agree to comply with any privacy policies and any rules or guidelines required by the applicable Third Party Application you run using the PITCH Applications. You understand and agree that PITCH may also be subject to such rules or guidelines, which may in turn condition or limit the features, functions, workflow, look and feel, or content you may use or display.

5.3 Hosting of PITCH Applications. PITCH will host PITCH Applications (except for off-line components or applications) and may update the functionality and user interface of the SERVICES from time to time, in its sole discretion, in an effort to continue to improve the SERVICES and your use of the SERVICES. Certain PITCH Applications or portions of the SERVICES may be subject to limitations not specified herein. Such limitations will be specified in the Licenses, on the Pricing List (as the same may be updated from time to time) or in the Additional Terms.

6. YOUR CONTENT

6.1 For any image, video, text, audio, or any other content that you upload or post to the Site (“Your Content”), including but not limited to the Site Services, you represent and warrant that: (i) you have all necessary rights to submit Your Content to the Site Services and grant the licenses set forth herein; (ii) Pitch will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content; (iii) Your Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) Your Content complies with these Terms of Use and all applicable laws.

6.2 By uploading Your Content, you grant Pitch 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 Content for the purpose of allowing you to edit and display Your Content using the Site Services and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove Your Content from the Site, 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.

6.3 You may not upload, post, or transmit any video, image, text, audio recording, or other content that:

- Infringes any third party's copyrights or other intellectual property rights or any right of publicity or privacy;
- Contains any pornographic, defamatory, or otherwise unlawful or immoral content.
- Exploits minors;
- Depicts unlawful or violent acts;
- Depicts animal cruelty or violence towards animals;
- Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or
- Violates any law, statute, or regulation.

7. INFRINGEMENT CLAIMS / DMCA NOTICES

7.1 If you believe that any Image or other material made available by Pitch infringes upon any copyright that you own or control, you may notify Pitch in the manner set forth in our DMCA Copyright Infringement Notice Policy.

8. LIMITATIONS

8.1 You agree that you shall not:

- Engage in any conduct that shall constitute a violation of any law or that infringes the rights of Pitch or any third party.
- Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms of Use.
- Violate the rights of Pitch or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.

9. RESTRICTION AND TERMINATION OF USE

9.1 Pitch may block, restrict, disable, suspend or terminate your access to all or part of the Site, the Site Services, and/or Pitch Content at any time in Pitch's discretion, without prior notice or liability to you. Any conduct by you that, in Pitch’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site or the Site Services is strictly prohibited and may result in the termination of your access to the Site or the Site Services without further notice.

10. LINKS TO THIRD PARTY SITES

10.1 In the event that Pitch provides links from its website to any third-party website or permits any third party to link from its website to the Pitch website, you should be aware that Pitch makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their websites. Such websites are not under the control of Pitch, and Pitch provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by Pitch.

11. WARRANTIES AND DISCLAIMERS

11.1 Your use of the Site and the Site Services are at your own risk. The Site and the Site Services, are provided by Pitch under these terms of use "as is" without warranty of any kind, either express, implied, statutory or otherwise. Pitch expressly disclaims any and all warranties of any kind, whether express or implied, to each and any Site Services made available at any time, 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, Pitch makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected. Pitch makes no representations or warranties that the Site Services will be permitted in your jurisdiction, that the Site Services or your use of the Site Services will be uninterrupted or error-free, that any of Your Content submitted by you will be available through the Site Services or will be stored by the Site Services, that the Site Services will meet your needs, or that Pitch will continue to support any particular feature of the Site Services. 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 Site Services, and no warranties shall apply after such period.

12. PERSONAL INFORMATION AND PRIVACY

12.1 Pitch will use and protect your data, such as your name and address, in accordance with the Pitch Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.

13. INDEMNIFICATION

13.1 You agree to defend, indemnify and hold harmless Pitch, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use Site, the Site Services, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the Pitch Content, or your violation of any rights of another.

14. GOVERNING LAW AND JURISDICTION

14.1 These Terms of Use are governed by and shall be construed in accordance with the laws of United Kingdom. You hereby consent to the personal jurisdiction of the state and federal courts located within such state. All actions, controversies and disputes arising from or relating to these Terms of Use shall be heard and decided exclusively before the courts located United Kingdom and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to these Terms of Use may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.