Terms of Use

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Pitchwork.com welcomes you! Pitchwork.com provides service to you subject to the following Terms of Use, which may be updated by us from time to time. We will notify you about those updates by placing a notice on the Website. These terms and conditions (the „Terms of Use”) constitute a binding agreement between Pitchwork.com and you governing your use of the Website. By using and/or visiting the domain www.pitchwork.com (the “Website”), you signify your assent to both these Terms of Use and our Privacy Policy (the „Privacy Policy”), which is specifically incorporated into these Terms of Use. You are only authorized to use the Website if you agree to abide by all applicable laws and to these Terms of Use. Please read these Terms of Use carefully. If you do not agree to them, please do not use the Website.

These Terms of Use apply to all users of the Website, including users who are also contributors of pitches, designs, voting, information, and other materials or services on the Website.

The Website may contain links to third party websites that are not owned by the Website. The Website has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, the Website will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve the Website from any and all liability arising from your use of any third-party website. We encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full Privacy Policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information.

The purpose of the Website is to give the website’s users a platform on which

a) individuals or companies ("the Pitcher") can describe what kind of logo, illustration, label or tattoo design they need (start a pitch) and invite designers exclusively to design, in competition to each other, for them.

b) designers (“the Designer”) of logos, labels and illustrations (professional, or just by passion) can compete in a pitch and present their designs in competition to each other.

c) all website users (“the Voters”) interested in affecting the design competition can vote for their favorite designs.

The designers of the first half of all entered designs win money. Which designs enter the first half is determined by

a) the Pitcher’s selection – the design that is selected by the pitcher automatically wins the pitch.

b) the voting – the result of the voting by the website users determines 2nd and following rankings.

The Designer whose design is selected by the Pitcher gets by far the highest amount. Therefore the entire right, title and interest in and to the copyright in that design is going to be assigned and transferred to the Pitcher, who will then get the selected design in a quality suitable for printing (except tattoo designs).

All other designers, winners of the voting or not, keep all their rights in and to their designs and can use them again whenever and for whatever they want.

Pitchwork.com hereby grants you permission to use the Website as set forth in these Terms of Use, provided that:

a) your use of the Website as permitted is solely for your personal, noncommercial use (with the exception of pitches which you might start for your business);

b) you will not copy or distribute any part of the Website in any medium without the Website’s prior written authorization;

c) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and

d) you will otherwise comply with the terms and conditions of these Terms of Use and all applicable local, national, and international laws and regulations.

e) you agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Pitchwork.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, the Website grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Website reserves the right to revoke these exceptions either generally or in specific cases.

f) you agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

Pitchwork.com reserves the right to discontinue any aspect of the Website at any time.

In order to access some features of the Website, you will have to create an account.

You may never

• use another user’s account without the Website’s written permission.
• create more than one account.
• create an account on another name than yours.

Please read Section 9 "Account Termination Policy" in relation to the above.

When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. In addition, you agree to notify the Website immediately of any breach of security or unauthorized use of your account.

Although the Website cannot and will not be liable for any loss or damage arising from your failure to comply with this section, you may be liable for the losses of the Website or others due to such unauthorized use.

By registering with Pitchwork.com, you represent that you are of legal age to form a binding contract and are not a person barred by any laws or other jurisdiction from using the Website. You also agree to a.) provide true, accurate, current and complete information about yourself in all required fields of the registration form and b.) to maintain and promptly update the registration data to keep it true, accurate, current and complete by selecting “MY SPACE” and then “PROFILE”. There you will also find how to proceed in case your email address changes.

If the Website suspects that your registration information is untrue, unaccurate, not complete or current, or Pitchwork.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or that you have otherwise violated these Terms of Use, your account may be subject to suspension or termination, and you may be barred from using the Website.

You acknowledge, consent and agree that Pitchwork.com may access, preserve and disclose your account information and User Submissions if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: a.) comply with legal process; b.) enforce the Terms of Use; c.) respond to claims that any User Submissions violates the copyrights or other rights of third parties; d.) respond to your requests for customer service; or e.) protect the rights, property or personal safety of Pitchwork.com, its users and the public.

a) The content on the Website, except all User Submissions (as defined below), including without limitation, the text, scripts, interactive features graphics, photos created by and for Pitchwork.com and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Pitchwork.com, subject to copyright and other intellectual property rights under the law and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, displayed, broadcast, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Pitchwork.com. Pitchwork.com reserves all rights not expressly granted in and to the Website and the Content.

b). You may access User Submissions solely:

• for your information and personal use;
• as intended through the normal Functionality of the Website; and
• for examination.

"Examination" means that User Submissions are only intended for viewing and not to be copied, stored, downloaded, or redistributed by the user. Accessing User Submissions for any purpose or in any manner other than for examination is expressly prohibited. User Submissions are made available "as is."

c) You may access the Website’s Content, User Submissions and other content only as permitted under this Agreement. Pitchwork.com reserves all rights not expressly granted in and to the Website’s Content and the Website’s Service.

d) You are allowed to download or print a copy of the Content (not the User Submissions) for personal use, provided you retain all copyright and other proprietary notices contained thereon.

e) You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions (as defined below) of third parties obtained through the Website for any commercial purposes other than intended through the normal Functionality of the Website.

f) You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

a) As a Pitchwork.com account holder you may submit designs of logos, illustrations, labels and tattoos ("User Designs") and textual content like launching new pitches (“User Pitches”). User Designs and User Pitches are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Pitchwork.com does not guarantee any confidentiality with respect to any User Submissions.

b) In connection with User Submissions, you agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant pitchwork.com all of the license rights granted herein.

c) You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Pitchwork.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of use.

d) Pitchwork.com has the right, at its sole discretion, to remove User Submissions from the Website. This includes, but is not limited too, poor designs of Designer’s uploads, designs executed by automated "Design Creators" and "Design Generators" or designs which do not conform to the requirements of pitches.

e) Pitchwork.com does not claim ownership of User Submissions you submit or make available for inclusion on the Website. You retain all of your ownership rights in your User Submissions, as long as your design does not win a pitch (by being the pitcher’s selection). However, by submitting User Submissions to the Website, you hereby grant the Website a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and Pitchwork.com's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels.

f) You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to examine, display and perform such User Submissions as permitted through the Functionality of the Website and under these Terms of Use. The above licenses granted by you terminate within a commercially reasonable time after your User Submissions will be removed from the Website (when “Completed Pitches” are being removed from the Website). You understand and agree, however, that the Website may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

g) Pitchwork.com expressly disclaims any and all liability in connection with User Submissions. Pitchwork.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Pitchwork.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Pitchwork.com reserves the right to terminate a user's access to the Website and to remove Content and User Submissions in its sole discretion without prior notice.

Pitchwork.com may, under certain circumstances and without prior notice, immediately terminate your account, any associated email address, and access to the Website. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Use, other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Website. Termination of your account includes: (a) removal of access to all pages within the Website; (b) deletion of your password and all related information, files and materials, including User Submissions associated with or inside your account (or any part thereof); and (c) barring of further use of the Website. Further, you agree that all terminations for cause shall be made in the Website’s sole discretion and that Pitchwork.com shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.

Pitchwork.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Pitchwork.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

Pitchwork.com respects the intellectual property of others, and we ask our users to do the same.

Thus, in your use of and interactions with Pitchwork.com and the Website, you may not post, modify, distribute, or reproduce in any way any User Submission that is copyrighted material belonging to others, without obtaining their prior written consent. This specifically includes all the logo, illustration and label design submissions.

a) Pitchwork.com reserves the right, in its sole discretion, to remove any User Submission if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers.

b) If you uploaded a design on the Website and have the feeling that, at a later date, another designer’s upload infringes upon your copyright, then please send us an email informing us about

• who you are, including your email address
• when and in which pitch your design was published
• from whom and in which pitch the design is published, which you believe infringes your copyright.

Upon such a note, Pitchwork.com will review the matter and reserves the right to remove or to accept the questioned User Submissions in its sole discretion. If a User Submission has infringed the copyright of others and had to be removed, Pitchwork.com further reserves the right to terminate the accounts of the infringers, if estimated the infringement happened in bad faith.

c) If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification that includes substantially the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

• 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; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such written notice should be sent to Pitchwork.com as follows:

Copyright Infringements
Pitchwork.com
Rolf Goeggel
Gloriastrasse 62
CH 8044 Zurich
Switzerland
Phone: +41 44 262 42 59 or +41 79 467 23 42
Email: cri(at)pitchwork.com, Re: Copyright Infringements.

Please also note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

d) Counter-Notice. If you believe that your User Submission that was removed is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the above contact:

• Your physical or electronic signature;

• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

• A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and

• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the court in Zurich, Switzerland, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by Pitchwork.com, they may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, at Pitchwork.com's sole discretion.

e) Designers who upload User Submissions that infringe copyrights of others are responsible and fully liable for doing so. If a money winning design, a pitch winner or a design which won money due to the voting, is detected to infringe a copyright after money was paid to its designer, that money, plus any other costs which arised from that infringement, are owed to the pitcher of the concerned pitch. Pitchwork.com will always assist law enforcement or copyright owners against people or organisations who infringe copyrights of others on the Website.

YOU AGREE THAT YOUR USE OF THE PITCHWORK.COM WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PITCHWORK.COM, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, OWNER, OR OPERATOR OF PITCHWORK.COM, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.

PITCHWORK.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PITCHWORK.COM WEBSITE.

PITCHWORK.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PITCHWORK.COM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY OTHER ADVERTISING, AND PITCHWORK.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT SHALL PITCHWORK.COM, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, OWNER, OR OPERATOR OF PITCHWORK.COM, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PITCHWORK.COM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT PITCHWORK.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Pitchwork.com from its facilities in Switzerland. Pitchwork.com makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

You agree to defend, indemnify and hold harmless Pitchwork.com, and any parent, subsidiary, affiliate, director, officer, employee, owner or operator of Pitchwork..com, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: your use of and access to the Website; your violation of any term of these Terms of Use; your violation of any third party right, including without limitation any copyright, property, or privacy right; or any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Pitchwork.com Website.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. Pitchwork.com is not intended for children under 13. If you are under 13 years of age, please do not use this Website.

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned and transferred by Pitchwork.com without restriction.

The Pitchwork.com Website is © 2008, Pitchwork.com – All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Pitchwork.com. All of the Pitchwork.com trademarks are owned by Pitchwork.com and may not be used for any purpose without the prior written permission of Pitchwork.com.

You agree that: (i) the Pitchwork.com Website shall be deemed solely based in Zurich/Switzerland; and (ii) the Pitchwork.com Website shall be deemed a passive website that does not give rise to personal jurisdiction over Pitchwork.com, either specific or general, in jurisdictions other than Zurich/Switzerland. These Terms of Use shall be governed by the laws of Zurich/Switzerland, without respect to its conflict of laws principles. Any claim or dispute between you and Pitchwork.com that arises in whole or in part from the Pitchwork.com Website shall be decided exclusively by a court of competent jurisdiction located in Zurich/Switzerland. These Terms of Use, together with the Privacy (Policy Privacy Policy link on the left side) and any other legal notices published by Pitchwork.com on the Website, shall constitute the entire agreement between you and Pitchwork.com concerning the Pitchwork.com Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Pitchwork.com’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Pitchwork.com reserves the right to amend these Terms of Use in its sole discretion at any time. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable User Submissions. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

Please report any violations of the Terms of Use, including objectionable User Submissions or to copyright infringements of User Submissions, to the Website. Please state the reasons for your concern and provide a link to the User Content or where it is located. Upon receiving such a report of a possible violation, Pitchwork.com in its sole discretion may investigate the matter and take such action as Pitchwork.com determines to be appropriate.

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