PitchRate.com is a complimentary networking service that allows journalist participants to make requests for input and for expert participants to submit pitches. The services offered by PitchRate.com ("PitchRate.com" or "we") include the PitchRate.com website (the "PitchRate Website"), the PitchRate.com Daily Digest service, and any other features, content, or applications offered from time to time by PitchRate.com in connection with the PitchRate Website (collectively, the "PitchRate Services"). The PitchRate Services are hosted in the U.S.
PitchRate.com may modify this Agreement from time to time and such modification shall be effective upon posting by PitchRate.com on the PitchRate Website. You agree to be bound to any changes to this Agreement when you use the PitchRate 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.
Please choose carefully the information you post on PitchRate.com and that you provide to other Members. Your PitchRate.com profile may not include the following items: any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other PitchRate.com Members (for instance, in their Profile, Request or Pitch) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and PitchRate.com assumes no responsibility or liability for this material. If you become aware of misuse of the PitchRate Services by any person, please contact email@example.com.
PitchRate.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the PitchRate Services at any time, for any or no reason, with or without prior notice, and without liability.
Eligibility. Use of and Membership in the PitchRate Services is void where prohibited. By using the PitchRate Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the PitchRate Services does not violate any of the Terms and Conditions set forth here; and (d) your use of the PitchRate Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you have violated any of the above Eligibility conditions.
Term. This Agreement shall remain in full force and effect while you use the PitchRate Services. You may terminate your Membership at any time, for any reason. PitchRate.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.
Fees. You acknowledge that PitchRate.com is a free service and that no purchase is required to become a member.
Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, Member name, or password of another Member at any time or to disclose your password to any third party. You agree to terminate your membership immediately if you suspect any unauthorized use of your account or access to your password. A new account can be created thereafter with a new password. You are solely responsible for any and all use of your account.
Commercial Use by Members. The PitchRate Services are for use in matching journalists to experts and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by PitchRate.com. Illegal and/or unauthorized use of the PitchRate Services, including collecting Member names and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the PitchRate Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the PitchRate Services.
Proprietary Rights in Content on PitchRate.com.
PitchRate.com does not claim any ownership rights in the text, files, press kit content, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the PitchRate Services. After posting your Content to the PitchRate Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the PitchRate Services, you hereby grant to PitchRate.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the PitchRate Services.
Without this license, PitchRate.com would be unable to provide the PitchRate Services. For example, without the right to modify Member Content, PitchRate.com would not be able to digitally compress files that Members submit or otherwise format Content to satisfy technical requirements. The license does not grant PitchRate.com the right to sell your Content, nor does the license grant PitchRate.com the right to distribute your Content outside of the PitchRate Services.
You represent and warrant that: (i) you own the Content posted by you on or through the PitchRate Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the PitchRate Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the PitchRate Services.
The PitchRate Services contain Content of PitchRate.com ("PitchRate.com Content"). PitchRate.com Content is protected by copyright, trademark, patent, trade secret and other laws, and PitchRate.com owns and retains all rights in the PitchRate.com Content and the PitchRate Services. PitchRate.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the PitchRate.com Content (excluding any software code) solely for your personal use in connection with viewing the PitchRate Website and using the PitchRate Services.
The PitchRate Services contain Content of Members and other PitchRate.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the PitchRate Services.
Content Posted. PitchRate.com may delete any Content that in the sole judgment of PitchRate.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. PitchRate.com assumes no responsibility for monitoring the PitchRate Services for inappropriate Content or conduct. If at any time PitchRate.com chooses, in its sole discretion, to monitor the PitchRate Services, PitchRate.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the Member submitting any such Content.
You are solely responsible for the Content that you post on or through any of the PitchRate Services, and any material or information that you transmit to other Members and for your interactions with other Members. PitchRate.com does not endorse and has no control over the Content. Content is not reviewed by PitchRate.com prior to posting and does not necessarily reflect the opinions or policies of PitchRate.com. PitchRate.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the PitchRate Services. PitchRate.com reserves the right to investigate and take appropriate legal action against anyone who, in PitchRate.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the PitchRate Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of PitchRate.com:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses of any Member or person other than yourself;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent.
The following is a partial list of the kind of activity that is illegal or prohibited on the PitchRate Website and through your use of the PitchRate Services. PitchRate.com reserves the right to investigate and take appropriate legal action against anyone who, in PitchRate.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Member to buy or sell any products or services through the PitchRate Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the PitchRate Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the PitchRate Services, you acknowledge that you will have caused substantial harm to PitchRate.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay PitchRate.com $50 for each such unsolicited email or other unsolicited communication you send through the PitchRate Services;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the PitchRate Services or the networks or services connected to the PitchRate Services;
- attempting to impersonate another Member or person;
- using the account, Member name, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- using any information obtained from the PitchRate Services in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile
- using the PitchRate Services in a manner inconsistent with any and all applicable laws and regulations.
Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of PitchRate.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to PitchRate.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the PitchRate Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the PitchRate Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. PitchRate.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Blue Kangaroo, Inc., 790 Thompson Road, Saluda, NC 28773; Phone: (404)865-1405; Attn: Copyright Agent; Email: firstname.lastname@example.org.Member Disputes. You are solely responsible for your interactions with other PitchRate.com Members. PitchRate.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
Disclaimers. PitchRate.com is not responsible for any incorrect or inaccurate Content posted or shared on the PitchRate Website or in connection with the PitchRate Services, whether caused by Members of the PitchRate Services or by any of the equipment or programming associated with or utilized in the PitchRate Services. Requests and pitches created and posted by Members on the PitchRate Website may contain PitchRate.com generated links such as links to PressKit247.com, PublicityResults.com or other affiliate websites. PitchRate.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by PitchRate.com. Inclusion of any linked website on the PitchRate Services does not imply approval or endorsement of the linked website.
PitchRate.com takes no responsibility for third party advertisements posted on this PitchRate Website or through the PitchRate Services, nor does it take any responsibility for the goods or services provided by its advertisers.
PitchRate.com is not responsible for the conduct, whether online or offline, of any Member of the PitchRate Services. PitchRate.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Member or Member communication. PitchRate.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, email delivery system, or similar systems or equipment due to technical problems or traffic congestion on the Internet or on any of the PitchRate Services or combination thereof, including any injury or damage to Members or to any person's computer related to or resulting from participation or downloading materials in connection with the PitchRate Services. Under no circumstances shall PitchRate.com be responsible for any loss or damage, including personal injury or death, resulting from use of the PitchRate Services, attendance at a PitchRate.com event, from any Content posted on or through the PitchRate Services, or from the conduct of any Members of the PitchRate Services, whether online or offline. The PitchRate Services are provided "AS-IS" and as available and PitchRate.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. PitchRate.com cannot guarantee and does not promise any specific results from use of the PitchRate Services.
Limitation on Liability. IN NO EVENT SHALL PITCHRATE.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF PITCHRATE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PITCHRATE.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PITCHRATE.COM FOR THE PITCHRATE SERVICES DURING THE TERM OF MEMBERSHIP.
U.S. Export Controls. Software available in connection with the PitchRate Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the PitchRate Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Disputes. If there is any dispute about or involving the PitchRate Services, you agree that the dispute shall be governed by the laws of the State of North Carolina, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of North Carolina. Either PitchRate.com or you may demand that any dispute between PitchRate.com and you about or involving the PitchRate Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in North Carolina, USA, provided that the foregoing shall not prevent PitchRate.com from seeking injunctive relief in a court of competent jurisdiction.
Indemnity. You agree to indemnify and hold PitchRate.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the PitchRate Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the PitchRate Website or through the PitchRate Services causes PitchRate.com to be liable to another.
Other. This Agreement is accepted upon your use of the PitchRate Website or any of the PitchRate Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and PitchRate.com regarding the use of the PitchRate Services. The failure of PitchRate.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. PitchRate.com is a trademark of Blue Kangaroo, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact Blue Kangaroo, Inc., DBA Publicity Results! at AskDrew@PublicityResults.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.