PitchWire, Inc. Services Terms of Use
IMPORTANT:
Please read these Terms of Use carefully before accessing this website.
1. ACCEPTANCE
OF TERMS.
These
Terms of Use create a legally binding agreement (the "Agreement") between You
("You") and PitchWire, Inc. ("PitchWire"), relating to Your use of
the services (the "PitchWire Services") made available on the PitchWire website
(the "PitchWire Site"). This Agreement also governs: (1) the PitchWire
information (the "Information") made available on the PitchWire Site; (2) Your
provision of content, including but not limited to information, data, text,
photographs, graphics, messages or other materials (collectively, "Content")
via the PitchWire Site; (3) the nature of the relationship between You and
PitchWire; (4) certain other matters of professional responsibility; (5)
PitchWire's use of Your information gathered by PitchWire through the PitchWire
Site; and (6) Your use of the PitchWire site, related systems, and the
Information contained on the PitchWire Site. By using the PitchWire Services, You agree to be bound by
this Agreement, whether You are a "Visitor" (which means that You simply browse
the PitchWire Website) or You are a "Member" (which means that You have
registered with PitchWire). The term "User" refers to a Visitor or a Member. You
are only authorized to use the PitchWire Services (regardless of whether Your
access or use is intended) if You agree to abide by all applicable laws and to
this Agreement. Please read this Agreement carefully and save it. If You do not
agree with it, You should leave the PitchWire Website and discontinue use of
the PitchWire Services immediately. If You wish to become a Member, communicate
with other Members and make use of the PitchWire Services, You must read this
Agreement and indicate Your acceptance during the Registration process.
This Agreement includes
PitchWire's policy for acceptable use of the PitchWire Services and Content
posted on the PitchWire Website, Your rights, obligations, and restrictions
regarding Your use of the PitchWire Services and PitchWire's Privacy Policy. In
order to participate in certain PitchWire Services, You may required to
download software or content and/or agree to additional terms and conditions.
Unless otherwise provided by the additional terms and conditions applicable to
the PitchWire Services in which You choose to participate, those additional
terms are hereby incorporated into this Agreement. You may receive a copy of
this Agreement by emailing us at: tos@pitchwire.com with the subject: "Terms of service"
PitchWire.com
may modify this Agreement from time to time and such modification shall be
effective upon posting by PitchWire.com on the PitchWire Website. You agree to
be bound to any changes to this Agreement when You use the PitchWire Services
after any such modification is posted. It is therefore important that You
review this Agreement regularly to ensure You are updated as to any changes.
2.
description of PITCHWIRE services.
The PitchWire Services are a
collaboration service that allows Members to create unique personal profiles
online in order to find and communicate with relevant business contacts. The PitchWire
Services include the PitchWire Site, the PitchWire RSS feeds, private messaging
service, and any other features, content, or applications offered from time to
time by PitchWire in connection with the PitchWire Site. The PitchWire Services
are hosted in the U.S.
3.
YOUR
REGISTRATION OBLIGATIONS.
In consideration
of Your use of the PitchWire Services, You agree to: (a) provide true,
accurate, current and complete information (the "Registration Data") about Yourself
as prompted by the PitchWire Services' registration form; (b) maintain and
promptly update the Registration Data to keep it true, accurate, current and
complete; and (c) create only one (1) unique profile with the PitchWire Services.
If You provide any information that is untrue, inaccurate, not current or
incomplete, or PitchWire has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, PitchWire has the
right to suspend or terminate Your account and refuse any and all current or
future use of the PitchWire Services (or any portion thereof), and no fee
refunds or credits will be made.
4.
YOUR
INTERACTIONS WITH MEMBERS.
You understand
that all Content, whether publicly posted to or privately transmitted via the
PitchWire Site, is the sole responsibility of the person from which such
Content originated. This means that You, and not PitchWire, are entirely
responsible for all Content that You post, email or otherwise transmit via the PitchWire
Services. PitchWire does not control the Content posted via the PitchWire Services
and, as such, does not guarantee the accuracy, integrity or quality of such
Content. Under no circumstances will PitchWire be liable in any way for any
Content, including, but not limited to, for any errors or omissions in any
Content, or for any loss or damage of any kind incurred as a result of the use
of, or relating to, any Content posted, emailed or otherwise transmitted via
the PitchWire Services.
Without limiting
the generality of the foregoing, For publicists, you agree to not use the PitchWire
Services to:
a. send to any
reporter any story pitches that have no relevance to a reporter's areas of
coverage;
b. badger or
coerce a reporter into contacting or quoting a given source;
c. use email
addresses obtained from PitchWire in any list for unsolicited, mass-distributed
messages;
d. make contact
with reporters who submit PitchWire queries in any manner other than the
channels specified;
e. forward an attached
file via email to any reporter unless such reporter has specifically asked to
receive such file;
g. share
reporters' queries with others outside Your organization, or post such queries to
a website; and/or
h. appropriate
in any way ideas or concepts incorporated in reporters' queries.
5.
PITCHWIRE
PRIVACY POLICY.
For PitchWire's current privacy and
security statement, go to www.pitchwire.com/privacy.
6.
MEMBER
ACCOUNT, PASSWORD, AND SECURITY.
You will receive a password and account designation upon
completing the PitchWire Services' registration process. You are responsible
for maintaining the confidentiality of the password and account, and are fully
responsible for all activities that occur under Your password and/or account. You
agree to: (a) immediately notify PitchWire of any unauthorized use of Your
password or account or any other breach of security; and (b) ensure that You
exit from Your account at the end of each session on the PitchWire Site.
PitchWire cannot and will not be liable for any loss or damage arising from Your
failure to protect Your member account.
7.
NO
RESALE OF PITCHWIRE SERVICES.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the PitchWire Services, use of the PitchWire
Services, and/or access to the PitchWire Services.
8.
GENERAL
BEHAVIOR.
In addition to the stipulations above pertaining specifically to
interactions with Members, You agree not to:
a. upload, post,
email or otherwise transmit any Content that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive
of another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
b. impersonate
any person or entity, or falsely state or otherwise misrepresent Your
affiliation with a person or entity;
c. forge headers
or otherwise manipulate identifiers in order to disguise the origin of any
Content transmitted through the PitchWire Services;
d. upload, post,
email or otherwise transmit any Content that You do not have a right to
transmit under any law or under contractual or fiduciary relationships (such as
inside information or proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure agreements);
e. upload, post,
email or otherwise transmit any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights ("IP Rights") of any party;
f. upload, post,
email or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes,"
or any other form of solicitation, except in those areas (such as shopping
rooms) that are specifically and expressly designated for such purpose;
g. upload, post,
email or otherwise transmit any material that contains software viruses or any
other computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications
equipment;
h. interfere
with or disrupt the PitchWire Services or servers or networks connected to the PitchWire
Services, or disobey any requirements, procedures, policies or regulations of
networks connected to the PitchWire Services;
i. intentionally
or unintentionally violate any applicable local, state, national or
international law, including, but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any regulations having
the force of law;
j. "stalk" or
otherwise harass another;
k. collect or store personal data about
other Users;
l. automate
use of the PitchWire Services, such as using scripts to send pitches or
communicate with members; and/or
m. interfere with, disrupt, or create an undue burden
on the PitchWire Services or the networks or services connected to the
PitchWire Services;
You acknowledge that PitchWire does not
pre-screen Content, but that PitchWire shall have the right (but not the
obligation) in PitchWire's sole discretion to refuse to accept or to remove any
Content that is available via the PitchWire Services. Without limiting the generality
of the foregoing, PitchWire reserves the right to remove any Content that
violates this Agreement or is inaccurate, journalistically questionable, or is
otherwise objectionable. You agree that You must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In the event that You
gain access to Content or Information not intended to be accessed by You, You
agree that You will immediately notify PitchWire and lawfully destroy all
copies of such Content and/or Information in Your possession. .You acknowledge and agree that
PitchWire may preserve Content and may also disclose Content if required to do
so by law or in the good faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce this
Agreement; (c) respond to claims that any Content violates any third party IP
Rights or other rights; or (d) protect the rights, property, or personal safety
of PitchWire, its Users and the public. You understand that the technical
processing and transmission of the PitchWire Services, including Your Content,
may involve: (a) transmissions over various networks; and/or (b) changes to
conform and adapt to technical requirements of connecting networks or devices.
9.
PUBLIC
CONTENT.
By posting Content or other information to
any public area of the PitchWire Site, You thereby automatically grant, and You
represent and warrant that You have the right to grant, to PitchWire and other Members
an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use,
copy, publicly perform, publicly display and distribute such information and
content and to prepare derivative works of, or incorporate into other works,
such information and content, and to grant and authorize sublicenses of the
foregoing.
10.
ACCOUNT
INFORMATION AND DATA.
PitchWire does not own any Content that You submit to
the PitchWire Site in the course of using the PitchWire
Services. You own such Content, and you, not PitchWire, shall have sole
responsibility for the accuracy, quality, integrity, legality, reliability,
appropriateness, and intellectual property ownership or right to use of all such
Content, and PitchWire shall not be responsible or liable for the deletion,
correction, destruction, damage, loss or failure to store any of the foregoing,
whether entered or sent via the PitchWire Services. In the event this Agreement
is terminated (other than by reason of Your breach), PitchWire will use
commercially reasonable efforts to make available to You a file of Your Content
within thirty (30) days following termination, if You so request at the time of
termination. PitchWire reserves the right to withhold, remove, and/or discard Content
without notice in the event of any breach, including, without limitation, Your
non-payment of any amounts owed to PitchWire (if applicable). Upon termination
for cause, Your right to access or use Content and any Information immediately
ceases, and PitchWire shall have no obligation to maintain or forward any Content
or Information.
11.
MEMBER DISPUTES.
You are solely responsible for Your interactions with
other PitchWire Members. PitchWire reserves the right, but has no obligation,
to monitor disputes between You and other Members.
12.
INDEMNITY.
You agree to indemnify and hold PitchWire,
and its parent, subsidiaries, affiliates, officers, agents, co-branders or
other partners, and employees, harmless from and against any claim or demand,
including reasonable attorneys' fees, made by any third party arising out of or
relating to any Content You submit or receive, post to or transmit through the PitchWire
Services, Your use of the PitchWire Services, Your connection to the PitchWire Services,
Your violation of this Agreement, and/or Your violation of any IP Rights or
other rights.
13.
TERMINATION.
You agree that PitchWire, in its sole
discretion, may terminate Your password, account (or any part thereof) or use
of the PitchWire Services, and remove and discard any Content within the PitchWire
Services, for any reason, including, without limitation, for lack of use or if
PitchWire believes that You have violated or acted inconsistently with the
letter or spirit of this Agreement. PitchWire may also in its sole discretion
and at any time discontinue providing the PitchWire Services, or any part
thereof, with or without notice. You agree that any termination of Your access
to the PitchWire Services under any provision of this Agreement may be effected
without prior notice, and acknowledge and agree that PitchWire may immediately
deactivate or delete Your account and all related information and files in Your
account and/or bar any further access to such files or the PitchWire Services.
Further, You agree that PitchWire shall not be liable to You or any third-party
for any termination of Your access to the PitchWire Services.
14. PITCHWIRE'S PROPRIETARY RIGHTS.
PitchWire alone (and its licensors, where
applicable) shall own all right, title and interest, including all related IP Rights,
in and to the PitchWire Services and the Information, and any suggestions,
ideas, enhancement requests, feedback, recommendations or other information
provided by You or any other party relating to the PitchWire
Services. This Agreement is not a sale and does not convey to You any rights of
ownership in or related to the PitchWire
Services, the Information, or any the IP Rights owned by PitchWire. PitchWire,
PitchWire.com, the PitchWire and PitchWire.com logos, and the product names
associated with the PitchWire Services are trademarks
of PitchWire or third parties registered or recognized in the United States and
other jurisdiction, and no right or license is granted with respect to any of
the foregoing.
You acknowledge and agree that the PitchWire
Services and any necessary software used in connection with the PitchWire Services
(the "Software") contain proprietary and confidential information that is
protected by applicable intellectual property and other laws. You further
acknowledge and agree that Information contained in sponsor advertisements or Information
presented to You through the PitchWire Services or advertisers is protected by
copyrights, trademarks, service marks, patents or other proprietary rights and
laws. Except as expressly authorized by PitchWire or advertisers, You agree not
to modify, rent, lease, loan, sell, distribute or create derivative works based
on the PitchWire Services or the Software, in whole or in part.
15.
LICENSE GRANT
& RESTRICTIONS.
Subject to and conditioned upon Your compliance with
the terms and conditions of this Agreement at all times, PitchWire grants You a
personal, non-transferable and non-exclusive right and license to access the
PitchWire Services via the PitchWire Site, and to use the object code of the
Software on a single computer, all solely for Your internal business
purposes. You may not (and may not
allow any third party to) copy, modify, create any derivative works of, reverse
engineer, reverse assemble or otherwise attempt to discover any source code for
the Software, or sell, assign, sublicense, grant a security interest in or
otherwise transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining unauthorized access
to the PitchWire Services. You agree not to access the PitchWire Services by
any means other than through the interface that is provided by PitchWire for
use in accessing the PitchWire Services. There are no implied licenses, and all rights not expressly granted to You
are reserved by PitchWire and its licensors.
You may not access the PitchWire
Services if You are a direct competitor of PitchWire, except with PitchWire's
prior written consent, which may be granted or withheld in PitchWire's sole
discretion. In addition, You may not access the PitchWire
Services for purposes of monitoring their availability, performance or
functionality, or for any other benchmarking or competitive purposes.
You shall not (i) license, sublicense, sell, resell, transfer, assign,
distribute or otherwise commercially exploit or make available to any third
party the PitchWire Services or the Content in
any way; (ii) modify or make derivative works based upon the PitchWire Services or the Content; (iii) create
Internet "links" to the PitchWire Services or "frame"
or "mirror" any Content on any other server or wireless or Internet-based
device; or (iv) reverse engineer or access the PitchWire
Services in order to (a) build a competitive product or service, (b) build a
product using similar ideas, features, functions or graphics of the PitchWire Services, or (c) copy any ideas, features,
functions or graphics of the PitchWire Services.
User licenses cannot be shared or used by more than one individual User but may
be reassigned from time to time to new Users who are replacing former Users who
have terminated employment or otherwise changed job status or function and no
longer use the PitchWire Services.
You may use the PitchWire
Services only for Your internal business purposes and shall not: (i) send spam
or otherwise duplicative or unsolicited messages in violation of applicable
laws; (ii) send or store infringing, obscene, threatening, libelous, or
otherwise unlawful or tortious material, including material harmful to children
or violative of third party privacy rights; (iii) send or store material
containing software viruses, worms, Trojan horses or other harmful computer
code, files, scripts, agents or programs; (iv) interfere with or disrupt the
integrity or performance of the PitchWire Services
or the data contained therein; or (v) attempt to gain unauthorized access to
the PitchWire Services or its related systems
or networks.
16.
FEES AND PAYMENT TERMS.
While PitchWire is a free service, some members may
choose to use premium features for an additional charge. For those members, You
agree to pay to PitchWire all fees or charges to Your account in accordance
with the fees, charges, and billing terms in effect at the time a fee or charge
is due and payable. The initial charges will be equal to the current number of
total User licenses requested times the User license fee currently in effect.
Payments must be made monthly. All payment obligations are noncancelable and
all amounts paid are nonrefundable. You are responsible for paying for all User
licenses ordered for the entire applicable license term, whether or not such
User licenses are actively used. You must provide PitchWire with a valid credit
card as a condition to registering for the PitchWire
Services. Licenses added in the middle of a billing month will be charged in
full for that billing month. PitchWire.com reserves the right to modify its
fees and charges and to introduce new charges at any time, upon at least 30
days prior notice to You, which notice may be provided by e-mail. All pricing
terms are confidential, and You agree not to disclose them to any third party.
17.
EXCESS DATA
STORAGE FEES.
The maximum disk storage space provided to You at no
additional charge is (i) 5 MB per basic "free" User, and (ii) 100 MB per
premium User. If the amount of disk storage required exceeds these limits, You
will be charged, and you agree to pay, PitchWire's then-current storage fees. PitchWire
will use reasonable efforts to notify You when the average storage used per
license reaches approximately 90% of the maximum; however, any failure by
PitchWire to so notify You shall not affect Your responsibility for such
additional storage charges.
You agree that PitchWire has no
responsibility or liability for the deletion or failure to store any messages
and other communications or other Content maintained or transmitted by the PitchWire
Services. You acknowledge that PitchWire reserves the right to log off accounts
that are inactive for an extended period of time. You further acknowledge that
PitchWire reserves the right to change these general practices and limits at
any time, in its sole discretion, with or without notice.
18.
BILLING AND
RENEWAL (PR PREMIUM MEMBERS ONLY).
PitchWire charges and collects in advance for use of
the PR Premium Service. If applicable, PitchWire will automatically renew and
bill Your credit card or issue an invoice to You every month for monthly fees. The renewal charge will be
equal to the then-current number of total User licenses times the license fee
in effect during the prior term, unless PitchWire has given You at least thirty
(30) days prior written notice of a fee increase, which shall be effective upon
renewal and thereafter pending further notice. Fees for other services will be
charged on an as-quoted basis. PitchWire's fees are exclusive of all taxes,
levies, or duties imposed by taxing authorities, and You shall be responsible
for payment of all such taxes, levies, or duties, excluding only United States
(federal or state) taxes based solely on PitchWire's income.
You agree to provide PitchWire with complete and
accurate billing and contact information. This information includes Your legal
company name, street address, e-mail address, and name and telephone number of
an authorized billing contact and License Administrator. You agree to update
this information within ten (10) days following any change to it. If the
contact information You have provided is false or fraudulent, PitchWire
reserves the right to terminate Your access to the PitchWire
Services, in addition to any other legal remedies.
Unless PitchWire in its discretion determines
otherwise, entities with headquarters and a majority of Users resident in the
United States will be billed in U.S. Dollars.
If
You believe Your bill is incorrect, You must contact PitchWire in writing
within sixty (60) days of the date of the applicable invoice, to be eligible to
receive an adjustment or credit.
19.
NON-PAYMENT AND
SUSPENSION.
In addition to any other rights granted to PitchWire
herein, PitchWire reserves the right to suspend or terminate this Agreement and
Your access to the PitchWire Services if Your
account becomes delinquent (falls into arrears). Delinquent invoices (accounts
in arrears) are subject to interest of 1.5% per month on any outstanding
balance, or the maximum permitted by law, whichever is less, plus all expenses
of collection and related legal costs. You will continue to be charged for User
licenses during any period of suspension. If You or PitchWire initiates
termination of this Agreement, You will be obligated to pay the balance due on Your
account computed in accordance with the Fees and Payment Terms section above. You
agree that PitchWire.com may charge such unpaid fees to Your credit card or
otherwise bill You for such unpaid fees.
PitchWire reserves the right to impose a reconnection fee in the event You are
suspended and thereafter request access to the PitchWire
Services. You agree and acknowledge that PitchWire has no obligation to retain Your
Content and that such Content may be irretrievably deleted if Your account is thirty
(30) days or more delinquent.
20.
WARRANTY
DISCLAIMERS.
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT:
a. YOUR USE OF
THE PITCHWIRE SERVICE IS AT YOUR SOLE RISK. THE PITCHWIRE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. PITCHWIRE EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
b. PITCHWIRE
MAKES NO WARRANTY THAT (i) THE PITCHWIRE SERVICES WILL MEET YOUR REQUIREMENTS,
(ii) THE PITCHWIRE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PITCHWIRE
SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE PITCHWIRE SERVICES WILL MEET YOUR EXPECTATIONS, AND/OR (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
c. ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PITCHWIRE SERVICES IS DOWNLOADED
OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM PITCHWIRE OR THROUGH OR FROM THE PITCHWIRE SERVICES
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
21.
LIMITATION
OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PITCHWIRE SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PITCHWIRE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE PITCHWIRE SERVICES; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PITCHWIRE SERVICES; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PITCHWIRE SITE; OR (v) ANY
OTHER MATTER RELATING TO THE PITCHWIRE SERVICES. PITCHWIRE'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM
ARISING UNDER OR RELATING TO THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF
ONE HUNDRED DOLLARS ($100) OR THE AMOUNTS PAID BY YOU TO PITCHWIRE IN THE
TWELVE (12) MONTHS PRECEDING THE CLAIM.
22.
EXCLUSIONS
AND LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 20
AND 21 MAY NOT APPLY TO YOU.
23.
NOTICE.
Notices to You may be made via either email or regular mail. The PitchWire
Services may also provide notices of changes to this Agreement or other matters
by displaying notices or links to notices to You generally via the PitchWire Services.
24.
WAIVER.
The failure of PitchWire to exercise or enforce any right or
provision of this Agreement shall not constitute a waiver of such right or
provision. If any provision of this Agreement is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of this Agreement will remain in full force
and effect. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the PitchWire
Services or this Agreement must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
25.
Miscellaneous terms.
The TOS constitute the entire agreement between You and PitchWire
and govern Your use of the PitchWire Services, superseding any prior agreements
between You and PitchWire. You also may be subject to additional terms and
conditions that may apply when You use affiliate services, third-party content
or third-party software. This Agreement and the relationship between You and
PitchWire shall be governed by the laws of the State of California without
regard to its conflict of law provisions. You and PitchWire agree to submit to
the personal and exclusive jurisdiction of the federal and state courts located
within the county of San Francisco, California. The section titles in the TOS
are for convenience only and have no legal or contractual effect. As used herein, the term "including"
means "including without limitation".
