THESE TERMS AND CONDITIONS (“TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND SITCH, INC. (“SITCH”, “WE” OR “US”). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE OUR WEBSITE (THE “SITE”) AND OUR MOBILE APPLICATION (THE “APP”) BY USING THIS SITE OR DOWNLOADING, INSTALLING AND USING THE APP, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, APP OR ANY INFORMATION CONTAINED ON THE SITE OR APP.
Sitch may make changes to the Site or App at any time. Sitch can change, update, or add or remove provisions of these Terms, at any time by posting the updated terms on the Site and, for users of the App, providing notice within the App. By using this Site or App after Sitch has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site and/or App.
The Site and Application are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By using the Site or App, you represent that you are 18 years of age or older.
Sitch provides content through the Site and App, and which are selected by you, solely for your own use, and not for the benefit of any third party. This content (collectively, the “Materials”) may include logos, graphics, video, images, software and other content and includes content owned by or licensed to Sitch.
Sitch hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner, or use the Site or Materials other than for their intended purpose.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
To use the App you must have a mobile device that is compatible with it. Sitch does not warrant that the App will be compatible with your mobile device. Sitch hereby grants to you a non- exclusive, non-transferable, revocable license to install and use an object code copy of the App on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App. You acknowledge that Sitch may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device, but that Sitch has no obligation to do so. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the App or any copy thereof, and Sitch and its third party licensors or suppliers retain all right, title, and interest in and to the App (and any copy of the App). Standard carrier data charges may apply to your use of the App.
In order to use certain features of the Site and Application and to post any Content to the services, you may be required to register to create an account (“Account”) and become a Member (“Member”).
During the registration process, you may be required to provide certain information and you will establish a username and password. You agree to provide accurate, current and complete information during this process and to update such information to keep it accurate. You may be provided with the ability to register for an account using existing account and log-in credentials of third party services such as Facebook.
By creating an account via a third party site password, you are allowing Sitch to access your third party account and information and you acknowledge and agree that your use of that third party services is governed by the terms and conditions of such Third Party Services.
You are responsible for safeguarding your password. You agree not to share your Passwords, let others access or use your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify Sitch of any unauthorized use of your Account.
BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT USE OF A BETA RELEASE MAY EXHIBIT SPORADIC DISRUPTIONS THAT HAVE THE POTENTIAL TO DISRUPT YOUR USE OF THE SITE OR APP IN GENERAL AND ANY SERVICES THAT MAY BE OFFERED THROUGH THE SITE AND/OR APP. SITCH SPECIFICALLY DISCLAIMS ALL DAMAGES RESULTING FROM YOUR USE OF ANY BETA RELEASE.
By using the Site and/or the App, you consent to receiving electronic communications from Sitch. These electronic communications may include notices, transactional information and other information concerning or related to the Site and/or App. These electronic communications are part of your relationship with Sitch. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Certain Materials that are not User Content (as defined in "User Content" below) may be provided by third party licensors and suppliers to Sitch (“Third Party Content”). Such Third Party Content is, in each case, the copyrighted work of the creator/licensor. Unless you have permission from the owner of the Third Party Content, You agree to use such Third Party Content pursuant to the licenses of such Third Party Content. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content.
SITCH DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Members may be able to post, upload, publish, submit or transit text, graphics, images, music, software, other materials to be made available through the Site and Services (“User Content”). You are responsible for the User Content that you submit, upload, post or otherwise make available on or through the Site or via the App. You may not upload, post or otherwise make available any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for User Content you submit including its legality, reliability and appropriateness.
By making available any User Content, you hereby grant Sitch a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute your User Content, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the User Content.
When you provide User Content you agree that the User Content shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require Sitch to monitor, police or remove any Submissions or other information submitted by you or any other user.
You agree not to do any of the following while using the Site, Services, or Materials:
Additionally, you agree not to:
This list of prohibitions provides examples and is not complete or exclusive. Sitch reserves the right to (a) terminate your ability to access or use the Site and/or App and (b) refuse, delete or remove any User Content; with or without cause and with or without notice, for any reason or no reason, or for any action that Sitch determines is inappropriate or disruptive to the Site, the services provided by the Site or App, or to any other user of the Site and/or App. Sitch may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Sitch’s discretion, Sitch will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
Unauthorized use of any Materials or Third Party Content contained on the Site or in the App may violate certain laws and regulations.
You agree to indemnify and hold Sitch and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Sitch or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or App, or the use of this Site by any person using your mobile device (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
Trademarks, names and logos on the Site or in the App are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on the Site or App, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Sitch. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Sitch respects the intellectual property rights of others, and we ask you to do the same. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site or in the App, please provide Sitch’s designated agent the following information:
Sitch’s agent for notice of claims of copyright or trademark infringement on this Site is: Sitch, Inc., Attn: Copyright Agent, PO Box 61059, Palo Alto, CA 94306. Email is: email@example.com.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. In appropriate circumstances, Sitch will also terminate a user’s account if the user is determined to be a repeat infringer.
Your use of the Site and App is at your own risk. The Materials have not been verified or authenticated in whole or in part by Sitch, and they may include inaccuracies or typographical or other errors. Sitch does not warrant the accuracy of timeliness of the Materials contained on the Site or App. Sitch has no liability for any errors or omissions in the Materials, whether provided by Sitch, by our licensors or suppliers, or by other users.
SITCH, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, THE APP, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE OR APP. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE OR APP IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SITCH DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND APP AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE AND/OR APP. SITCH MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY OR SUITABILITY OF ANY PRODUCTS OR BUSINESSES THAT MAY BE DISPLAYED ON THE SITE OR APP, OR THE CONDUCT OF USERS OF THE SITE OR APP. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS OR ENTITIES WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE AND/OR APP, PARTICULARLY IF YOU DECIDE TO MEET OR CONDUCT BUSINESS OFFLINE OR IN PERSON. TO THE EXTENT THAT DATA IS BEING TRANSMITTED OVER THE INTERNET HEREUNDER, YOU ACKNOWLEDGE THAT SITCH HAS NO CONTROL OVER THE FUNCTIONING OF THE INTERNET, AND SITCH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PERFORMANCE OF THE INTERNET.
SITCH SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS OR SUBMISSIONS TO OR FROM THE SITE OR APP. IN NO EVENT SHALL SITCH BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR ANY SERVICE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE AND/OR SERVICE OR OTHER PERSONS OR ENTITY WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE AND/OR ANY SERVICE) HOWEVER ARISING, EVEN IF SITCH KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Sitch controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use the Site or App outside the United States of America, you are responsible for following applicable local laws.
We welcome and encourage your feedback, comments, suggestions for improvements to the site and services (“Feedback”). If you send Feedback, you hereby assign all right, title, and interest in, and Sitch is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Sitch is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Sitch prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Sitch, may result in immediate termination of your access to the Site or App without prior notice to you. The California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Any disputes relating to these Terms, the Site or the App will be heard in the courts located in Santa Clara County in the State of California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Sitch’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Sitch and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Sitch about the Site or the App. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
The following additional terms and conditions apply with respect to any App that Sitch provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
If you have any questions about these Terms or otherwise need to contact Sitch for any reason, you can reach us at firstname.lastname@example.org or at Sitch, Inc., PO Box 61059, Palo Alto, CA 94306