The following terms have the following meanings:
|"Claim"||the contents of a Reporting Form you submit|
|"Client"||a user of the Site who has registered as a client|
|"Code"||software which will enable you to automatically insert the Image wherever you place it in your email signature or website|
|"Creator"||a user of the Site who has registered as a creator|
|"Customer"||a person (whether an individual(s) or corporate entity) to whom/which you send the Folder, whether or not you have a relationship with that person|
|"Document"||any material, in any format, that you upload to the Site|
|"Folder"||the compressed folder that contains your Documents, the PitchMark Certificate, and any other important information for your Customer that you provide|
|"Image"||the "PitchMark" logo image graphic|
|"Member"||a Client or a Creator|
|"Pitch Fees"||compensation of any kind for the production of the Documents|
|"PitchFeed"||the information you provide about the Documents for publication in the PitchFeed section of the Site|
|"PitchMark" or "PitchMark Service"||the service we provide to you, as a Creator, which involves providing you with a Folder|
|"PitchMark Certificate"||the certificate from us which displays your name, address, contact details and a list of Documents in the Folder to which the certificate relates|
|"PitchMark Parties"||PitchMark LLP and its proprietor(s), partners, officers, employees, agents, suppliers, subcontractors and advisers|
|"Registration Form"||the electronic form on the Site which a user completes in order to register as a Member|
|"Reporting Form"||the electronic form in your profile on the Site which you complete in order to report a potential misappropriation of the expression of your ideas, concepts or proposals in the Documents|
|"Site"||pitchmark.org and its various sub-domains and web pages|
|"Upload Allowance"||the Document size limit for uploading to the Site as published on the Site from time to time (currently 50MB).|
2.1 To register as a Member, you must:
a. be an individual (not a corporation) who is at least 18 years old;
b. complete all required fields of the Registration Form and, by doing so, you represent and warrant that any and all information provided by you in the Registration Form is true, complete and accurate; and
c. pay the registration fee applicable to the membership category and the period of membership you have selected, as indicated on the Site.
2.2 You may register with us as a Creator and/or as a Client. However, you may register only once in each membership category. If you register more than once in the same membership category, we can delete any additional profiles without notice to you.
2.3 You are solely responsible for maintaining the confidentiality of your password and for all activities, authorised or not, using your membership.
2.4 Once you have registered with us, we will:
a. host your profile (and, at your option, the photo you upload) on the Site, and
b. allow visitors to the Site to search for you by name and/or by the unique serial number assigned to, and appearing at the top right corner of, the PitchMark Certificate.
3.1 Your obligations. By registering with us, you agree to the following:
a. You will purchase a PitchMark for each batch of Documents you upload (up to 10 Documents or the Upload Allowance per PitchMark Certificate) and you will pay the applicable fee for the PitchMark(s) you purchase at the rate indicated on the Site.
b. You will not upload Documents to the Site unless your browser displays a green address bar and the Norton logo appears on our home page. You understand that uploading Documents without that protection may expose your Documents to the risk of interception and unauthorised use by third parties.
c. You will ensure that all Documents are free from viruses, malware and any other type of program or script which could interfere with the normal workings of a computer.
d. You will not use the PitchMark Service for any purpose other than registering with us the expression of your ideas, concepts and proposals as contained in Documents, and sending them in a Folder to Customers.
e. You will not copy or modify any PitchMark Certificate in any way. You understand and accept that a copied or modified PitchMark Certificate immediately becomes null and void, and that Customers will be easily able to identify a copied or modified PitchMark Certificate.
f. You will not levy Pitch Fees for providing Documents to Customers.
g. You will not publicise a pitch on PitchFeed that contains any language which, in our opinion, is objectionable.
h. You will not mark a pitch 'Successful' unless it is, in fact, successful, and your Customer has consented in writing to you marking it 'Successful'.
3.2 Your representations and warranties. You warrant and represent that any and all Documents uploaded by you to the Site will contain content that was originally created by you or the business or corporation you represent, and that, in using the Site and the services, you will comply with all applicable laws, rules, regulations and governmental or quasi-governmental policies having the force of law.
3.3 Our obligations. When you purchase a PitchMark, we agree to do the following:
a. We will provide SSL security when you upload your Documents to the Site.
b. We will provide, for your download from the Site, a Folder which contains the Documents you have uploaded together with a PitchMark Certificate in respect of those Documents. We may, at our discretion, also include in a Folder other information about PitchMark and general information on intellectual property rights protection.
c. We will provide you with the facility to report a Claim to us using the Reporting Form, and we will send the completed Reporting Form to legal counsel of our choice to provide up to 15 minutes of their time, at our cost, to review and assess your Claim. That legal counsel will briefly advise you on whether or not, in his/her opinion, and based on whatever evidence you provide in the Reporting Form and otherwise, it is worth pursuing a claim and why. In any case, you are free to engage your own lawyer at your own cost to advise you on, and pursue, your Claim.
3.4 Specific Disclaimers to Creators.
3.4.1 You upload Documents to the Site entirely at your own risk.
3.4.2 We assume no responsibility for how your Customer or any other recipient of the Folder will deal with the contents of the Folder and whether your Customer will respect your intellectual property rights in it, even after your Customer receives a warning letter to cease and desist from using any intellectual property which you claim to be yours.
3.4.3 We cannot guarantee that visitors searching our database of Members will find you or contact you.
3.4.4 The PitchMark Service is provided to you on an 'as-is' basis and we make no guarantees about the up-time of the Site or our turnaround time for making the Folder available for your download.
3.4.5 In no circumstances will we accept liability if your Customer does not accept your Documents, or for any loss, injury or other disadvantage you may suffer as a result of using the PitchMark Service.
4.1 Our obligations. When you register as a Client with us, we agree to do the following:
a. We will provide you with Code which will enable you to automatically insert the Image wherever you place it in your email signature or website. The Image will include your name, city and the 'PitchMark' logo.
b. We will grant you a revocable, non-exclusive, non-assignable license to display the Image served by Code for the duration of your membership.
Except for the rights specifically granted in paragraph 4.1b above, we reserve all our other rights.
4.2 Your obligations. You agree to the following:
a. You will not display the Image other that by means of the Code.
b. You will not, and will not attempt to, reverse engineer or modify the Code.
4.3 Specific Disclaimer to Clients. The Code is provided to you on an "as-is" basis.
7. No Warranty
You acknowledge and agree that we have no liability to you, your Customers or anyone else for the contents of a Folder. We do not review or otherwise look at the contents of Documents. Neither a PitchMark Certificate nor your use of the PitchMark Service nor anything in the Folder nor the results of any search made at the Site guarantees that the Documents in a Folder are the original work of the Creator to which the PitchMark Certificate relates or that the Creator has any intellectual property rights in them.
10. Limitation of Liability
In no event will any of the PitchMark Parties be liable to you or any third party for:
a. any incidental, indirect, special or consequential damages (even if advised of the possibility of those damages), arising out your use of or inability to access or use the Site and any service available through it, including loss of revenue or anticipated profits, loss of goodwill, lost business, lost data, computer failure or malfunction, or any and all other damages or losses that result from mistakes, inaccurately entered data, unauthorised use, omissions, interruptions, errors, defects, delays in operation, or any failure of performance, whether or not caused by or attributed to acts of god, communications failure, theft, destruction or unauthorised access to institutional records, programs or services. You agree that the foregoing limitations on liability represent a reasonable allocation of risk,
b. any modification, suspension, or discontinuation of the service, or
c. any amount exceeding the amount of fees paid by you for the services.
11.1 No Assignment. You may not sell, assign or transfer your membership.
11.2 Waiver. Our delay or failure to exercise any right or remedy will not result in a waiver of that or any other right or remedy.
11.4 Relationship. You and we are independent contractors.