1. LEGAL RELATIONSHIP
Any animation, documents, images, links, sound files, videos, text, or any other content or materials which are made available to the public via the AHAPITCH Services.
“Intellectual Property Rights”
Patents, registered and unregistered trademarks and service marks, domain names, registered and unregistered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs.
“Third Party Content”
Content which is owned or controlled by a person other than AHAPITCH, including (1) Content which is licensed to Us by a brand or an entertainment franchise and (2) Content which is made available by users of Our service.
A person who makes use of the AHAPITCH Services regardless of whether or not they register with Us.
“User Generated Content”
Content which a User creates, submits, uploads, posts, links to, displays or shares on or through the AHAPITCH Services.
You, the person visiting and using the AHAPITCH Website, installing and using the AHAPITCH App, or registering as a user of AHAPITCH Services.
“AHAPITCH”, “We”, “Our”, “Us”
AHAPITCH ORGANIZATION, ITS PRODUCTS AND SERVICES TOGETHER WITH ITS HOLDING COMPANIES, SUBSIDIARIES AND OTHER GROUP COMPANIES AS THE CASE MAY BE.
Our application for smartphones and tablets entitled AHAPITCH including all versions of that application which may be available for download from time to time from the App Store or Google Play.
Content owned by AHAPITCH made available to Users via the AHAPITCH Services.
Collectively the AHAPITCH Website, the AHAPITCH App, Our AHAPITCH products and any other applications, products or services of AHAPITCH which You may use. A reference to “AHAPITCH Services” includes any and all related databases, features, functionality, plug-ins, software and web pages.
The official AHAPITCH website available at www.AHAPITCH.com.
§ The words “includes” and “including” are not limited in any way and mean “includes or including without limitation”.
§ The word “person” includes individuals, companies, corporations, partnerships, limited liability partnerships, co-operatives, associations and other natural and legal persons.
§ The clause and paragraph headings are for convenience only and shall not affect their interpretation.
§ Where a conflict, ambiguity or difference exists in the interpretation, wording or meaning of a provision or term in any of Our published policy documents, or in any written communication to You, the provision or term contained in the most recent policy document or communication shall apply.
4. THE AHAPITCH SERVICES
Availability and nature of the AHAPITCH Services
1. AHAPITCH is a platform which provides Users with the ability to download, create, explore, search, view and share content through the AHAPITCH Services.
2. You agree that the form and nature of the AHAPITCH Services may change from time to time without prior notice to You, including bug fixes, patches, updated and new versions (together “Updates”). We are entitled to install such Updates automatically onto Your device.
3. You agree that AHAPITCH may permanently or temporarily stop providing the AHAPITCH Services or any aspects of the AHAPITCH Services at Our sole discretion for any reason and without prior notice to You. Your access to the AHAPITCH Services may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
Third Party Content
5. When providing Users with access to Third Party Content, AHAPITCH acts on behalf of the owner and/or controller of the rights in such Third Party Content (a“Licensor”). The name of such Licensor may be explicitly displayed in the Third Party Content and/or a splash screen when accessing such Third Party Content.
6. You understand and accept that the Third Party Content or parts of the Third Party Content may be protected by Intellectual Property Rights of the Licensor or other third parties. You must not reproduce, copy, alter, create derivative works from, rent, sell or distribute the Third Party Content in any way, including by uploading the content to a website, unless expressly permitted to do so by the owner and/or controller of the Third Party Content.
Third party services
7. As a convenience to Users, the AHAPITCH Services may contain content, links to applications, websites, microsites and other on-line services operated by third parties (a“Third Party Service”) that are not under Our control and are provided to You for Your convenience only. AHAPITCH makes no warranties or representations whatsoever about any Third Party Service which You may access through the AHAPITCH Services.
Advertising and sponsorship
9. Part of the AHAPITCH Website or the AHAPITCH App may contain or display third party advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the AHAPITCH Website or within the AHAPITCH App complies with relevant laws and codes. AHAPITCH will not be responsible to You for any error or inaccuracy in any third party advertising and sponsorship material.
10. Your communication or dealings with, or participation in promotions of, advertisers / sponsors found on or through the AHAPITCH Services, including payment and delivery of related goods or services, and other terms, conditions, warranties or representations associated with such dealings are solely between you and such advertiser / sponsor and AHAPITCH SHALL HAVE NO RESPONSIBILITY IN RELATION THERETO.
5. RULES APPLYING TO ACCESS AND USE OF THE AHAPITCH SERVICES
1. Access to Content contained within the AHAPITCH Website, App, Services is only available via devices which are supported in Your country of residence. Please check that Your device is supported before accessing the Website, Services, downloading and installing the AHAPITCH Services.
2. You may not use the AHAPITCH Services in any improper or unlawful manner or in breach of any legislation or licence that applies to You.
3. You are responsible for Your relationship with other Users. However, We reserve the right, but are not obliged, to monitor disputes between You and other Users.
4. You agree that You will not use, copy, download, extract or reutilize any part of the AHAPITCH Services or any Content, or use or allow any third party to use, copy, download, extract or reutilize any part of the AHAPITCH Services or Content for any purpose.
5. You agree to comply with all reasonable instructions that We may give You regarding the use of the AHAPITCH Services.
User Generated Content
6. You agree that You are solely responsible for any User Generated Content created, submitted, posted, displayed and/or shared by You on or via the AHAPITCH Services and any legal consequences thereof. User Generated Content includes without limitation data, text, information, screen names, graphics, photos, profiles, audio and video clips, and links.
7. Users accept that any personal details of third parties that are contained in their User Generated Content are subject to data protection and other legislation and regulation and the User is fully responsible for compliance with these laws and regulations. AHAPITCH requires that Users exercise due care when exchanging personal details of others as part of User Generated Content.
8. Only You determine the purposes for which You collect, use and disclose content, including User Generated Content, through the AHAPITCH Services. This means that You and not AHAPITCH are the controller with regard to any personal data contained within the content.
9. Without limiting the foregoing, You agree that when using the AHAPITCH Services You will not;
§ abuse, harass, threaten or intimidate other users of the AHAPITCH Services or disclose personal information about others that could amount to abuse, harassment, threats or intimidation;
§ publish, post, upload, link to, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, vulgar, harmful, confidential, hateful, threatening or otherwise illegal material or information or anything which might constitute a criminal offence or give rise to a civil liability either for You or Us;
§ publish, post, upload, link to, store, distribute or disseminate nude, partially nude or sexually suggestive photos or videos;
§ compromise the rights of, bring harm to, or in any way unfairly deal with children or minors;
§ incite, promote or encourage violent, exploitative, racist, discriminatory, socially unacceptable or irresponsible behavior;
§ reveal any confidential or sensitive information about another person;
§ upload or link to files that contain software or other material which are the Intellectual Property Rights of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents;
§ interfere with any other person’s use or enjoyment of the AHAPITCH Services, including creating or submitting unwanted email or comments to Users;
§ upload or link to files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the AHAPITCH Services;
§ create multiple logins;
§ impersonate others or misrepresent your affiliation with a person;
§ promote any activity that is illegal; or
§ use software to harvest information from the AHAPITCH Services.
10. AHAPITCH may, but We have no obligation to, remove or suspend access to User Generated Content and accounts containing User Generated Content that We determine in Our sole discretion is unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or violates any party’s Intellectual Property Rights or right to privacy or any of the conditions set out in Clauses above.
Provision of equipment
11. You are solely responsible for obtaining (at Your own cost) all necessary equipment and telecommunications services required to access and use the AHAPITCH Services. You are responsible for ensuring that no one uses Your equipment or device to access the AHAPITCH Services without Your permission. We will be entitled to assume that anyone who accesses the AHAPITCH Services using Your equipment or device has Your permission to do so and You will be liable for any charges or any other costs, liabilities or damages that may be incurred by any such person.
6. USER REGISTRATION
2. As part of any registration process You may need to submit an email address, user name and password which, if verified by Us, will be the email address, username and password that You will be required to submit each time You log in to use the relevant feature of the AHAPITCH Services.
3. You must ensure that the details provided by You on registration or at any time are correct and complete. You must inform Us immediately of any changes to the information that You provided when registering by updating Your personal details in order that We can communicate with You effectively.
4. It is Your responsibility to keep Your username and password secret. We will be entitled to assume that any person logging into AHAPITCH Services using Your username and password is either You or someone doing so with Your permission. You will be responsible and liable for any actions of any person logging into or using AHAPITCH Services with Your username and password (including any purchases, posting, sending or sharing of User Generated Content). Therefore, You should notify Us immediately if You suspect that anyone else knows Your username and password or that anyone has accessed Your account. We may at any time require You to change Your username and/or password for any reason.
5. We may at any time and for any reason refuse to accept a registration to use any AHAPITCH Services from any person.
7. INTELLECTUAL PROPERTY RIGHTS AND LICENSES
1. AHAPITCH is the sole and exclusive owner of the AHAPITCH and AHAPITCH trademarks, any registrations and applications for registration and their associated goodwill, throughout the world. The User will not acquire any right, title or interest in or to the any of the AHAPITCH Services.
All other trademarks, graphics and logos used on or in connection with the AHAPITCH Services are unregistered or registered trademarks or service marks of AHAPITCH or its licensors.
2. AHAPITCH does not make any warranty or representation in respect of the ownership or origin of any Third Party Content or User Generated Content included in the AHAPITCH Services.
3. All Intellectual Property Rights in and to the AHAPITCH Services and all products, Content and materials therein are owned by and shall remain owned by AHAPITCH or Our licensors. AHAPITCH grants the User a revocable, single user, worldwide, non-assignable, royalty-free, non-exclusive, limited license to use the Content provided to the User by Us or Our licensors as part of the AHAPITCH Services, subject to the following conditions of use:
§ the Content may only be used for the User’s personal and non-commercial purposes;
§ the Content must not be reproduced or included in any other work or publication in any medium without Our prior written consent;
§ the Content must not be modified or altered in any way and no derivative works must be created from the Content;
§ the Content must not be distributed or sold to any third party;
§ the User must not remove, alter or obscure any copyright, trademark or other proprietary rights notices contained in the Content;
§ due to territorial restrictions on use the User understands that they may not be able to access certain items of Content from their locality;
§ the User must not reverse engineer, decipher, decompile, disassemble or otherwise attempt to extract any algorithms, source code or other trade secrets contained in any Content.
5. You retain all rights in your User Generated Content provided that You hereby grant AHAPITCH a perpetual, irrevocable, worldwide, fully paid up and royalty-free, assignable, sub-licensable license to store, use, reproduce, adapt, modify, delete from, add to, translate, publish, display, perform, transmit and distribute your User Generated Content for the purpose of developing, performing, displaying, distributing and promoting the AHAPITCH Services and Our business in any or all media formats and through any or all media channels.
6. As against AHAPITCH You hereby waive all moral rights You may otherwise have in Your User Generated Content.
7. You represent and warrant to AHAPITCH that You have (and will continue to have for so long as necessary) all necessary rights, power and authority to grant the license set out in Clause 7(5). In particular, You represent and warrant to AHAPITCH that You own or otherwise are entitled to all necessary Intellectual Property Rights subsisting in Your User Generated Content.
8. Users are free to submit comments, ideas, suggestions and recommendations to AHAPITCH with respect to the AHAPITCH Services (a “Submission”) and, in that case, the ownership rights in and to the Submission and the ideas, inventions, discoveries, works of authorship and related intellectual property rights in the Submission remain with the User; however by making the Submission the User grants to AHAPITCH an unlimited, non-exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide license to use, copy, modify, translate, publish, display, perform, transmit, distribute, make, import, sell, offer to sell, lease, license or otherwise transfer, including the right to sub-license any of these rights to others, any intellectual property rights the User may have in the Submission. This means that AHAPITCH will be free (but not obliged) to exploit and use any Submission it receives from a User in Our business in such manner as We see fit and without having to provide the User with any form of attribution or financial compensation of any kind.
8. SERVICE DISCLAIMERS
1. AHAPITCH WILL EXERCISE ALL REASONABLE SKILL AND CARE IN PROVIDING THE AHAPITCH SERVICES. HOWEVER, WE ARE NOT ABLE TO GUARANTEE AND CANNOT BE RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, SUBJECT MATTER OR RELIABILITY OF ANY CONTENT, IN PARTICULAR ANY THIRD PARTY CONTENT AND USER GENERATED CONTENT. ANY VIEWS EXPRESSED BY USERS WITHIN THEIR USER GENERATED CONTENT IS THEIRS AND NOT THOSE OF AHAPITCH. YOU ACKNOWLEDGE AND AGREE THAT AHAPITCH DOES NOT ENDORSE IN ANY WAY ANY USER GENERATED CONTENT AND IS NOT RESPONSIBLE OR LIABLE FOR ANY USER GENERATED CONTENT.
3. WITHOUT LIMITING THE FOREGOING, WE CANNOT GUARANTEE AND DO NOT PROMISE THAT THE AHAPITCH SERVICES AND THE MATERIALS AND INFORMATION PROVIDED THROUGH THEM WILL MEET YOUR REQUIREMENTS OR THAT YOU WILL NOT BE EXPOSED TO CONTENT WHICH IS FACTUALLY INCORRECT OR WHICH YOU MAY FIND OFFENSIVE, INDECENT OR OTHERWISE OBJECTIONABLE. AHAPITCH DOES NOT REVIEW OR VERIFY THIRD PARTY CONTENT (INCLUDING USER GENERATED CONTENT). THEREFORE, WE ADVISE YOU TO CHECK ANY MATERIALS OR INFORMATION PROVIDED TO YOU THROUGH THE AHAPITCH SERVICES AS ANY RELIANCE THAT YOU PLACE ON THE ACCURACY, COMPLETENESS OR RELIABILITY OF THAT CONTENT IS ENTIRELY AT YOUR OWN RISK. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST AHAPITCH WITH RESPECT TO SUCH CONTENT.
4. YOU ARE RESPONSIBLE FOR TAKING ANY NECESSARY PRECAUTIONS TO PROTECT YOURSELF AND YOUR DEVICES AND COMPUTER SYSTEMS FROM VIRUSES, WORMS, TROJAN HORSES AND OTHER HARMFUL OR DESTRUCTIVE CONTENT.
5. AHAPITCH DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTIFY OF THE PERSONS USING THE AHAPITCH SERVICES, NOR DO WE HAVE ANY OBLIGATION TO MONITOR THE USE OF THE AHAPITCH SERVICES BY OTHER USERS; THEREFORE WE DISCLAIM ALL LIABILITY FOR IDENTIFY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY, INFORMATION OR USER GENERATED CONTENT.
6. WE RECOMMEND THAT YOU ALWAYS BE AWARE OF AND PAY CLOSE ATTENTION TO THE CONTEXT AND ENVIRONMENT IN WHICH YOU ARE USING THE AHAPITCH SERVICES, TO ENSURE THAT YOU DO NOT HARM YOURSELF OR OTHERS. YOU UNDERSTAND AND ACCEPT THAT THE USE OF THE AHAPITCH SERVICES IS ENTIRELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT YOUR USE OF THE AHAPITCH SERVICES MAY CAUSE TO YOU, YOUR PROPERTY OR THIRD PARTIES.
9. USER WARRANTIES AND INDEMNITY
1. You represent and warrant to AHAPITCH that:
§ Your use of the AHAPITCH Services will not infringe the Intellectual Property Rights, privacy rights or any other rights of any third party. You agree to pay for all royalties, fees and any other monies owing to any person by reason of the User Generated Content You post, link to, share or transmit on or through the AHAPITCH Services.
2. You agree that You shall indemnify and hold harmless AHAPITCH together (including but not limited to) with Our directors, partners, employees, officers, contractors, service providers, investors and licensors (each an “Indemnified Party”) from and against any and all losses, liabilities, claims, actions, proceedings, damages, costs and expenses (including Court costs and legal fees) whether direct, indirect or consequential and including any economic loss or other loss of profits, business or goodwill (“Claims”) suffered or incurred by Us or any Indemnified Party as a result of any of the following matters:
§ Your Use of the AHAPITCH Services;
§ Your Use of the User Generated Content;
10. EXCLUSION AND LIMITATION OF LIABILITY
1. THE ATTENTION OF USERS IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CLAUSE 10 WHICH EXCLUDES AHAPITCH AND SET OUT THE ENTIRE FINANCIAL LIABILITY OF AHAPITCH (INCLUDING ANY LIABILITY FOR THE ACTS OR OMISSIONS OF ITS DIRECTORS, PROMOTORS, PARTNERS, EMPLOYEES, AGENTS AND SUB-CONTRACTORS TO THE USER IN RESPECT OF:
§ ANY USE MADE BY THE USER OF THE AHAPITCH SERVICES OR ANY ASPECT OF THEM; AND
2. YOU AGREE THAT AHAPITCH SHALL NOT BE LIABLE TO YOU FOR INCLUDING BUT NOT LIMITED TO ANY OF THE FOLLOWING: (A) LOSS OF ANTICIPATED SAVINGS OR LOSS OF OPPORTUNITY; OR (B) LOSS OR CORRUPTION OF DATA; OR (C) ANY LOSS OF REVENUE, PROFIT OR BUSINESS (WHETHER DIRECT OR INDIRECT); OR (D) LOSS OF GOODWILL OR INJURY TO REPUTATION; OR (E) LOSSES SUFFERED BY THIRD PARTIES OR (F) ANY INDIRECT LOSS, CLAIM OR DAMAGE, OR ANY PUNITIVE, EXEMPLARY, MULTIPLE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND;
3. DUE TO THE INHERENT RISKS OF USING THE INTERNET AND APPLICATIONS, AHAPITCH SHALL NOT BE LIABLE FOR ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, MOBILE DEVICE OR ANY OTHER PROPERTY WHEN USING THE AHAPITCH SERVICES. THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR INFORMATION THROUGH THE AHAPITCH SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, DEVICE OR OTHER PROPERTY, OR LOSS OF DATA, THAT RESULTS FROM THE DOWNLOADING OR ACQUISITION OF ANY SUCH MATERIALS.
11. COSTS, FEES AND PAYMENT
1. You understand and accept that You are solely responsible for all costs involved with accessing and using the AHAPITCH Services.
2. In order to access certain premium AHAPITCH Content and/or premium Third Party Content (“Paid Content”), You may have to make a payment to AHAPITCH, in which case You may be required to register as a user of the AHAPITCH Services.
3. All payment for Paid Content will be carried out on behalf of AHAPITCH by a third party payment provider and will be subject to the terms and conditions provided by such third party operator. The payment provider will be responsible for the fulfilment of Your order for Paid Content and all questions, comments and complaints about any such order should be made to the payment provider. AHAPITCH DOES NOT ACCEPT ANY LIABILITY FOR ANY FAILURE BY A PAYMENT PROVIDER TO FULFIL ANY ORDER OR FOR ANY DEFECT IN ANY ITEM(S) SUPPLIED TO YOU BY THEM.
4. All purchases of Paid Content are final. You agree that even in the case We exercise Our right to block access to Content, to terminate or deny access to and use Paid Content, You are not entitled to a refund.
12. TERMINATION AND CONSEQUENCES
1. We may cease the provision of the AHAPITCH Services or any features or functions of the AHAPITCH Services or terminate Your registration at any time in Our sole discretion for any reason whatsoever and without giving notice to You.
2. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship with AHAPITCH and may be referred to the appropriate law enforcement authorities.
3. You shall be entitled to terminate Your registration for any AHAPITCH Services at any time. You understand and accept that, upon termination, You will have to stop using those AHAPITCH Services immediately.
4. Upon cessation or termination by AHAPITCH or the User, regardless of the reasons therefor:
§ Your right to use the AHAPITCH Services and all related licenses immediately ceases, and you acknowledge and agree that AHAPITCH may delete any registration for the services and remove and permanently erase all content and information (including Users Generated Content) associated with You;
§ AHAPITCH may deny you any further access to and use of the AHAPITCH Services. (This may include banning the IP address of the User to prevent their access to the Services);
§ AHAPITCH shall not be liable to You or any third party for any claim or damages arising out of said cessation or termination or for the consequent loss of any content or information;
14. INTERNATIONAL USE
1. We make no promise that Content which is available via the AHAPITCH Services is appropriate or available for use in every country, and accessing the AHAPITCH Services and/or downloading Content from territories where its contents are illegal or unlawful is prohibited. If You choose to access the AHAPITCH Website or use the AHAPITCH Services from locations outside of the India, You do so on Your own initiative and are responsible for compliance with local laws. Any offer for any product, service and/or information in connection with the AHAPITCH Services is void where prohibited.
2. Due to possible territorial restrictions on the use of underlying third party rights, We make no promise that, if You purchase a AHAPITCH SERVICES IN ONE COUNTRY, YOU WILL NECESSARILY BE ABLE TO ACCESS THE FEATURES OF THAT PRODUCT FROM COUNTRIES OUTSIDE THE ORIGINAL COUNTRY OF PURCHASE. YOU ARE RESPONSIBLE FOR CHECKING THAT THE FEATURES WILL BE AVAILABLE ON SUPPORTED DEVICES IN THE COUNTRY WHERE YOU LIVE, BEFORE PURCHASING AHAPITCH SERVICES.
5. No Injunctive Relief: In no event shall You seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the AHAPITCH Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the AHAPITCH Services or any Content used or displayed through the AHAPITCH Services.
17. APPLICABLE LAW AND JURISDICTION
18. CONTACT DETAILS
1. AHAPITCH is a part of Prarush Innovations LLP, regiistered in India.