Terms of Service

Last Changes to Terms of Service: July 14, 2017

The policies below are applicable to data and information collected through the Pitch application published by Pitch Comedy, Inc.; the Pitch website, including https://pitch.live (including any versions optimized for viewing on a wireless or tablet device); and all other interactive features and communications provided by Funny Or Die and branded Pitch, e.g. e-mail newsletters or communications (“Application”), however accessed and/or used, that are operated by Funny Or Die and branded Pitch, made available by Funny Or Die and branded Pitch, or produced and maintained by Pitch Comedy, Inc. with Pitch branding or in conjunction with the Pitch program (collectively “Pitch” or “we”, “us”, or “our”). BY USING OUR APPLICATION, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE APPLICATION. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF SERVICE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR APPLICATION FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF USE WILL APPLY RETROACTIVELY.

YOU MUST BE EIGHTEEN YEARS OF AGE OR OLDER TO REGISTER AND USE THE APPLICATION. PITCH WILL TERMINATE ANY ACCOUNTS WHERE IT DISCOVERS THE USER IS UNDER 18 YEARS OF AGE.

This is a legal agreement between you ("you" or "user") and Pitch that states the material terms and conditions that govern your use of the Application. This agreement, together with all updates, supplements, additional terms, and all of Pitch’s rules and policies collectively constitute this "Agreement" between you and Pitch. BY ACCESSING THE APPLICATION, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE DO NOT USE THIS APPLICATION.

  1. Apple Disclaimer. The following paragraph applies to any version of the Application that you acquire from the Apple App Store. This Agreement is entered into between you and Pitch. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Services. Pitch, not Apple, is solely responsible for the Services and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S Government list of prohibited or restricted parties. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
  2. Access License. Pitch grants you a limited, revocable, non-exclusive, non-transferable license to access and make use of the Application or its content. This license does not include any resale or commercial use of the Application or its contents; except as expressly permitted in this Agreement or by law, any derivative use of the Application or the Content thereon; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Except as expressly granted herein, the Application and/or any portion of the Application may not be reproduced, sold, resold, visited or otherwise exploited for any purpose without Pitch’s express written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Application or any activities conducted as part of the Application; or (iii) bypass any measures we may use to prevent or restrict access to the Application. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.
  3. Copyright and Ownership. Except for the User Submissions, all of the content featured or displayed on the Application, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by Pitch, its licensors, vendors, agents and/or its Content providers. All elements of the Application, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Application may only be used for the intended purpose for which such Application is being made available. Except as permitted by copyright law, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Application. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Application. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Application. The Application, its Content and all related rights shall remain the exclusive property of Pitch, its licensors, vendors, agents and/or its Content providers, unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Application.
  4. Trademarks/No Endorsement. All trademarks, service marks and trade names of Pitch used herein (including but not limited to: Pitch name, Pitch corporate logo, the Application name, the Application design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of Pitch or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Pitch trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Application, without Pitch's prior written consent. You shall not use Pitch’s name or any language, pictures or symbols which could, in Pitch’s judgment, imply Pitch’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
  5. Account Registration and Security. You understand that you will need to create an account to have access to all of the parts of the Application. You further understand that you will be required to have a Twitter account and login to your Twitter account through the Application to get access to the account. You will: (a) provide true, accurate, current and complete information about yourself as prompted by the Application's registration or subscription page (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Pitch has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pitch has the right to suspend or terminate your account and refuse any and all current or future use of the Application (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Application using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Application. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.
  6. Submission Policy. The Application is designed to solicit jokes, topics and other content from you and other writers (“User Submissions”). User Submissions remain the intellectual property of the individual user making the submission. By posting content to our Application, you expressly grant Pitch a non-exclusive, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, reformat, review, analyze, and distribute your User Submission as part of Pitch’s submission process and to determine whether Pitch will select your User Submission. Any such User Submissions are deemed non-confidential and Pitch shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission. All User Submissions will be your own work and/or you will have all rights necessary to submit the User Submission to the Application. You will be solely responsible for paying any royalties to and/or securing any permissions from any co-author or other collaborator. You will identify all such co-authors and collaborators as part of your User Submission. You may withdraw your User Submission at any time prior to Pitch’s notice that your User Submission is a Selected User Submission.
  7. Selected User Submissions. At times and based on criteria and for purposes determined by Pitch in its sole discretion, Pitch may select certain User Submissions that Pitch intends to use for its business or other purposes (“Selected User Submission”). In such case, Pitch will notify you of the selection of your User Submission. Pitch will only choose Selected User Submissions from persons who are over 18 and reside at an address located in the United States or Canada. With respect to each Selected User Submission, you expressly grant Pitch an exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your Selected User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe (“Exclusive License”).
  8. No Obligation to Use Selected User Submissions. Notwithstanding anything to the contrary herein, Pitch will have no obligation to use the Selected User Submission. In the event that Pitch does not use the Selected User Submission within twenty four (24) months after selection, you may request that Pitch convert the exclusive license in Section 7 above to a non-exclusive license.
  9. Inappropriate User Submissions. Pitch does not encourage, and does not seek User Submissions that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that you have not and will not engage in any of the foregoing activities in connection with producing your submission. All User Submissions will further comply with our Community Standards (linked to here). By signing up for Pitch you are agreeing not to post any objectionable content or content that is abusive to other users. Posting of such material will result in being banned from the platform.
  10. Payments. In the event that Pitch selects one of your User Submissions, Pitch will pay you for each Selected User Submission in accordance with the then current rate card available in the App and posted by Pitch at https://pitch.live (“Contribution Fee”). Pitch will pay you your Contribution Fee within sixty (60) days following the last day of each calendar month. You will cooperate with Pitch to facilitate the payment of your Contribution Fee, including without limitation, completing a W-9 or other appropriate form. Each party will be responsible for any and all expenses incurred in its performance of its obligations or taxes assessed against its portion of the revenue or income generated pursuant to this Agreement. Payment of the Contribution Fee includes all agent and union fees, if any, that would be due for your participation under this Agreement. Any payments made to you will be subject to such deductions as may be required by law, and you will be fully responsible for the payment of any and all withholding tax requirements, workers’ compensation or any other payroll withholdings required by federal, state or local laws.
  11. Inappropriate Conduct. You are prohibited from using the Application to post or send any unlawful, threatening, defamatory, or obscene material or any material that could constitute or encourage conduct that would be considered a criminal offense or otherwise violate any law. You further agree that sending or posting unsolicited advertisements or “spam” on or through the Application is expressly prohibited by this Agreement. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
  12. Advertising Rights. Pitch reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with the Application, and Pitch and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these terms obligates or may be deemed to obligate Pitch to sell, license or offer to sell or license any advertising, promotion or distribution rights.
  13. Third Party Links. From time to time, the Application may contain links to web sites that are not owned, operated or controlled by Pitch or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Application. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this Application, you do so entirely at your own risk.
  14. Representations and Warranties. You represent that you are over the age of 18, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and your use of the Application is and will be in compliance with all applicable laws. You represent that you have read, understood, agree with, and will abide by the terms of this Agreement. In addition, you represent and warrant that your User Submissions and all elements thereof are (a) owned or controlled solely and exclusively by you, you have prior written permission from the rightful owner of the content included in your User Submissions, or you are otherwise legally entitled to grant Pitch all of the rights granted herein; and (b) Pitch’s use of your User Submissions as described or contemplated herein do not and will not infringe on the copyrights, trademark rights, publicity rights or other rights of any person or entity, violate any law, regulation or right of any kind whatsoever, or otherwise give rise to any actionable claim or liability, including without limitation rights of publicity and privacy, and defamation. Furthermore, you shall be solely responsible for your own User Submissions and the consequences of submitting them.
  15. DISCLAIMERS. Your use of the Application is at your risk. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE APPLICATION ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER PITCH, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE APPLICATION. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE APPLICATION MAY BE OUT OF DATE, AND NEITHER PITCH, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PITCH OR THROUGH THE APPLICATION WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
  16. LIMITATIONS OF LIABILITY. PITCH DOES NOT ASSUME ANY RESPONSIBILITY, OR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS APPLICATION, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS APPLICATION. IN NO EVENT WILL PITCH, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE APPLICATION, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE APPLICATION, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
  17. IN THE EVENT OF ANY PROBLEM WITH THE APPLICATION OR ANY MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE APPLICATION, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE APPLICATION. IN NO EVENT SHALL PITCH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) FIFTY DOLLARS (US $50.00) OR (B) THE AMOUNT OWED TO YOU FOR THE SELECTED USER SUBMISSIONS.

  18. Indemnity. You agree to defend, indemnify and hold Pitch and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Application or your placement or transmission of any User Submission, or other content, message or information on or through this Application by ou or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to Pitch, including without limitation any claim or damages arising from a defamation or invasion of privacy claim; or (vi) any other party’s access and use of the Application with your unique username, password or other appropriate security code.
  19. Release. In the event that you have a dispute with one or more other users of the Application, you release Pitch (and our officers, directors, agents, subsidiaries, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
  20. Termination. You or we may suspend or terminate your account or your use of this Application at any time, for any reason or for no reason. We may also block your access to our Application in the event that (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
  21. Force Majeure. Neither Pitch nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
  22. Privacy. Data collection and use, including data collection and use of personally identifiable information is governed by Pitch’s Privacy Policy http://www.funnyordie.com/about/privacy which is incorporated into and is a part of this Agreement.
  23. Choice of Law. Any claim relating to, and the use of, this Application and the materials contained herein is governed by the laws of the State of California. You consent to the exclusive jurisdiction of the state and federal courts located in the State of California. A printed version of these Terms of Service will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  24. General. These Terms of Service set forth the entire understanding and agreement between us with respect to the subject matter hereof. We do not guarantee continuous, uninterrupted or secure access to our Application, and operation of the Application may be interfered with by numerous factors outside of our control. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Service and all incorporated agreements may be automatically assigned by Pitch in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. All sections which by their context ought to survive this agreement shall survive any termination or expiration of this Agreement.
  25. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. In operating the Application, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party web sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Application. Pitch has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Application. Pitch has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Pitch or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If you believe any material available via the Application infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is copyrightagent@funnyordie.com.
  26. Please provide the following notice:

    1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
    2. Identify the material on the Application that you claim is infringing, with enough detail so that we may locate it on the Application;
    3. A 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;
    4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
    5. Your address, telephone number, and email address; and
    6. Your physical or electronic signature.

    We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

    1. Your physical or electronic signature;
    2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
    3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
    4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
  27. Additional Assistance. If you do not understand any of the foregoing Terms of Service or if you have any questions or comments, we invite you to contact our Customer Service Department by email at information@funnyordie.com.
  28. Copyright Notice. All Site design, graphics, text selections, arrangements, and all software are Copyright © 2017, Pitch Comedy, Inc. or its subsidiaries, affiliates, or licensors. ALL RIGHTS RESERVED.