July 3, 2020
- General Provisions
The Site and the App are owned and operated by WatchPitch, Inc.
- Fees for Use of the App; Appropriate Use of the App
The App is made available via the Apple App Store for no charge initially. Use of the App may require a paid subscription through the App Store. The fee for such subscription shall be determined from time to time by us and we may change the fee for the subscription at any time in our sole discretion. Length of subscription: 90-days. Price of subscription Free during freemium trial period which varies between 3-days and 30-days after which time the subscription charge is: Gold Level – 1.99/per subscription period, Platinum Level – 4.99 /per subscription period, Titanium Level – 9.99/per subscription period. Subscriptions will be charged to your iTunes account at the end of the Freemium or trial period. Subscriptions will automatically renew unless canceled within 24-hours before the end of the current period. You can cancel anytime with your iTunes account settings. Any unused portion of a free trial will be forfeited if you purchase a subscription”
- Intellectual Property; Compliance with Law
- User Content
The Site and the App may be used by you to submit or otherwise create information or content for the purpose of sharing such information or content with other users of the Site or the App (the “User Content”). You agree that the User Content shall not include any content that is explicit in nature or that is illegal or unlawful in the jurisdiction where you reside. You further represent that you have the right to share the User Content with other users with being subject to the approval of any other party. We shall have the power to remove any User Content that we, in our sole discretion, violates any of the Terms.
We do not review and assume no responsibility for any products described on the Site or the App. You agree to make your own independent evaluation of the products and services described in the User Content, including their quality or suitability for your use.
- Links and Third Party Websites
You agree to comply with any and all rules, restrictions and disclaimers that are posted on the Site, and/or the App. All materials on the Site and the App are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures and copyright or proprietary notices. Disclaimers, restrictions, disclosure or hedge clauses apply to any partial document or material in the same manner as they do to the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
- User Codes
In connection with your use of or access to the Site and the App, we from time to time may provide you with user names, passwords and/or other unique identifiers (“User Codes”). You are responsible for the security and confidentiality of the User Codes and agree not to disclose them to any third party, including, if you are accessing the Site or the App on behalf of any company or organization, any other employee in your company or organization. You are responsible for any and all information provided and any and all orders, acts and/or omissions that occur while User Codes and/or a mobile phone that has a phone number provided by you and recognized by our systems to be associated with the User Codes are/is being used, in each case, whether by you or a third party. We are not responsible for any breach of security caused by your failure to maintain the confidentiality and security of any of the User Codes. You agree to notify us immediately in the event of loss, theft or disclosure of any or all of the User Codes, if you believe the confidentiality or security of any or all of the User Codes has been compromised in any way or in the event of your learning about a possible or actual unauthorized access to and/or use of the Site, or the App. You are limited to one User Code. Duplicate User Codes may be revoked. We reserve the right to revoke or modify the User Codes at any time with or without prior notice.
- Use of Electronic Messages
You acknowledge that any electronic mail, facsimile, information, submission or instant messenger communication, whether transmitted through the Internet, the Site, or the App (collectively, “Electronic Messages”) may not be secure and communications using Electronic Messages may not be confidential.
- DISCLAIMER OF WARRANTIES
THE APP AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WATCHPITCE PARTIES HEREBY DISCLAIM ANY AND ALL WARRANTIES, GUARANTIES, CONDITIONS, COVENANTS AND REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY RELATED TO MERCHANTABILITY, QUALITY, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TIMELINESS AND ERROR-FREE UNINTERRUPTED SERVICES AS TO THE OPERATION OF THE SITE AND THE APP, AND THE WATCHPITCH PARTIES MAKE NO WARRANTY THAT (i) THE OPERATION OF THE SITE OR THE APP WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE SITE OR THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR (iii) DEFECTS, IF ANY, WILL BE CORRECTABLE OR CORRECTED, OR OTHER ATTRIBUTES, WHETHER EXPRESS OR IMPLIED (IN LAW OR IN FACT), ORAL OR WRITTEN, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. THE WATCHPITCE PARTIES HAVE NO RESPONSIBILITY TO INFORM YOU OF ANY DIFFICULTIES WE OR OTHER THIRD PARTIES EXPERIENCE CONCERNING USE OF THE SITE OR THE APP OR TO TAKE ANY ACTION IN CONNECTION WITH THOSE DIFFICULTIES. YOU (AND NOT THE WATCHPITCH PARTIES) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER, MOBILE PHONE, TABLET AND/OR OTHER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING OR USING THE SITE OR THE APP. TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THE SITE AND THE APP OR ANY OTHER SITE, LOCATION OR SOURCE TO WHICH WE LINK, AND ALL OPERATIONS ON THE SITE OR THE APP AND ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
- LIMITATION OF LIABILITY
BY USING THE SITE OR THE APP YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD THE WATCHPITCH, Inc. PARTIES LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY AND ALL DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, INCLUDING THE ONES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, THE APP, OR THE CONTENT (OR ANY OTHER LINKED SITE, LOCATION OR SOURCE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF CONTENT AVAILABLE ON THE SITE OR THE APP (OR ANY OTHER LINKED SITE, LOCATION OR SOURCE). NONE OF THE WATCHPITCH PARTIES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH DAMAGES INCLUDE DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS OR OTHER HARMFUL COMPONENT. IN NO CASE SHALL OUR LIABILITY EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES THAT YOU HAVE PAID TO US OVER THE TWELVE MONTHS IMMEDIATELY PROCEDING ANY INJURY.
- Your Representations and Warranties
You hereby represent and warrant that:
(A) (i) you are the person to whom the User Codes you used to access the Site and the App were issued by us and the information you provided to us in connection with the issuance of the User Codes, if any, was and is true, accurate, current and complete, or (ii) you are accessing the Site, or the App on behalf of the company or organization to whom the User Codes you used to access the Site or the App were issued by us;
(C) you will not reverse engineer, de-compile or reverse compile any of our technology, including any software associated with the Site or the App;
(D) unless we expressly authorize you to do so in writing, you will not use, reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for any commercial purposes any portion of the Site, the App, and/or the Content;
- Location and Governing Law
- Modification and Termination
- Force Majeure
- Miscellaneous Provisions
- Electronic Documents