TERMS & CONDITIONS
That Pitch dba THAT NINETIES KID LLC (“That Pitch”, “we” or “us”) has created this website (collectively, the “Website,” or the “Site”) to provide an online platform for artists, composers, songwriters, and other music professionals to promote their music for licensing.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE SITE. BY ACCESSING OR REGISTERING AT THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR REGISTER FOR OUR SITE.
1. Your Agreement
These Terms govern (i) your use of the Website, (ii) your receipt of and participation in That Pitch services through the Website (the “Services”), (iii) your provision of music, sound, text, graphics, files, information, or other content (the “Content”) to others through the Site; and (iv) your use of Content obtained through the Site. Please read these Terms carefully; they impose legal obligations on you and on That Pitch, and establish our legal relationship. By using the Services or accessing our Website, you are acknowledging that you have read and understand these Terms and agree to be legally bound by them.
While you can visit our Site, and review a range of information about featured bands, artists, songs, licensing opportunities, and other materials relating to the music industry, without registering, in order to post information through our site, and to obtain access to certain other materials or information from our Site, we ask that you become a Registered Member.
In addition, if you become a Registered Member, during the registration process for obtaining your password (and from time to time thereafter as we may require) you may be prompted to click an “I Accept” button, which further confirms your understanding of, and agreement to be legally bound by, these Terms and Conditions.
2. Our Services: Overview
We provide a range of Services for our Registered Members, including but not limited to the following:
2.1. Services for Our Registered Members. Our Site is designed to connect the music industry with music licensing opportunities, by making it easy for composers, musicians and music companies to connect and submit to music licensing opportunities. As a Registered Member, you can upload information, profile information, music and metadata to promote your music to licensing opportunities (“Opportunities granted by our email to our registered members”). You may utilize your account to connect with licensees and other musical content purchasers.
Additionally, Registered Members who are licensees may upload or share information about the Opportunity Listings.
3. Obtaining a Password or membership; Use of Your Password
3.4. Multiple User Accounts. We recognize that some of our Registered Members may be an artist(s) working with an agent, or other third party representative (“Agent”), who has been given the authority to act on behalf of the artist(s). Agents who register an artist on our Site are warranting that they have the authority to do so.
3.5. Protecting Your Membership Information. Please keep in mind that we will treat anyone who uses your user name and/or additional information provided to us as “you.” We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your membership details. Therefore, we recommend that you maintain your membership details provided to us in confidence, and that you refrain from disclosing this information to anyone who might “pretend” to be you with respect to the Services and your participation on our Website. Similarly, for Agents, Parents and Representative Members, we recommend that you maintain your client, minor child or group’s membership details in confidence, and that you refrain from disclosing this information to anyone who might “pretend” to be you, your client, child or your group with respect to the Services and your participation on our Website.
We also ask that you notify us immediately if you suspect that someone is using your membership details to us in this or any inappropriate manner.
4. Members; Profiles
Registered Members are invited to post their Music or Opportunity Listings provided by our email, connect to us and to fully enjoy our other Services for all purposes permitted in these Terms via Facebook or our site. The following specific provisions govern the creation and use of a Music Listing.
4.1. Privacy and Your Music. Please choose carefully the information you post, and that you provide to other Registered Members.
4.2. Registered Member Comments/Feedback. Our email allows Registered Members to provide comments or feedback regarding licensees and/or regarding our services. By providing comments/feedback, you grant us the right to publish your comments/feedback and to use your comments and feedback for the purposes of improving the use of the Site.
4.3. Designating Content. As a Registered Member, you may designate Content for hosting and display on our email by uploading such content. Please retain copies of your Content, as we will not necessarily preserve or return materials uploaded to our email.
4.4. Your Grant of Rights to That Pitch. By uploading Content, you grant us a royalty-free, non-exclusive, worldwide license, under your intellectual property rights, to use, copy, reformat, index, modify, display, and distribute your Content for purposes of providing our Services (as such services may change over time) and promoting our Website. No compensation will be paid with respect to our own use of your Content under this grant.
You also hereby grant That Pitch a non-exclusive, worldwide, royalty-free license to use your name and logo (“Brand Features”), in connection with (i) advertising and promoting your Content, and your artistic work generally via the Site, and (ii) advertising and promoting our Website and Services. No compensation will be paid by That Pitch with respect to our use of your Brand Features under this grant.
That Pitch will not further distribute or use your Content or your name and logo for any purposes other than those specified in this section (Section 4.4) without your consent.
4.5. Rights You Must Have in Your Content. When you submit Content to our Site, you represent and warrant (i) that you hold all rights needed to grant requisite rights under Section 4.4 (Your Grant of Rights to That Pitch); (ii) that you own the copyright in all Content subject to copyright protection (or have been given needed permissions by the copyright owner, or use the Content under “fair use” principles); and (iii) that each person depicted in images or identified in text in your Content (if any), has provided you with consent to use the Content as set forth in these Terms.
4.6. Use of Music in Promotions. To promote and illustrate our Services and the Site, therefore, we may choose to post on our web site and/or official That Pitch Twitter, Facebook, Instagram, Pinterest or any other That Pitch Social Media account, Music and other Content of our Registered Members. We assume that Registered Members are interested in (or do not object to) publicizing their Music and related Content, and you acknowledge that we will be entitled to use these Registered Members’ profiles and Content in connection with our advertisements and promotions for the Site.
4.7. Termination of Rights; Survival. That Pitch does not claim ownership of the Content you upload or otherwise provide through the Site services. The licenses granted to us and to our Registered Members in this Section will terminate prospectively at the time you contact us to completely remove the Content at issue from our Site’s infrastructure (including but not limited to our email and storage services.) This termination will not affect licenses to the Content granted by you before the time you completely remove the Content, and our Members (as well as That Pitch) will continue to enjoy their rights under Section 4.4 (Your Grant of Rights to That Pitch.)
5. That Pitch’s Grant of Rights to You
In this Section, That Pitch gives to Registered Members the rights and privileges they will need to participate fully in the promotional goals of our Services.
5.1. Rights to Access and Participate in Services. Subject to your compliance with these Terms, That Pitch hereby grants Registered Members the right to access and use the Website, and to participate in the Services. The Services and Website are for the personal, promotional and other use of individual Registered Members.
5.2. Rights to Profile. That Pitch grants to Registered Members, under That Pitch’s intellectual property rights, a non-exclusive, worldwide, royalty-free, non-transferable license to use, embed their music stored on That Pitch or post a link to their music stored on That Pitch on any third party site if applicable.
5.3. That Pitch Ownership; Reservation of Rights. By entering www.thatpitch.com
(“this website”), you agree to not unlawfully use any content available on this website and to otherwise abide by all terms and conditions of use contained on this website. If you do not agree to these terms and conditions, please refrain from entering this website.
In particular, and without limitation, you agree not to use the trademark That Pitch in any manner other than as may be specifically permitted by That Pitch, Inc. (“That Pitch”). You further agree not to use any of these trademarks in any manner that disparages or discredits That Pitch. You understand that other terms, names, slogans, characters, designs, colors and/or sounds available on this website may be trademarks of That Pitch or their respective owners.
You further agree not to reproduce, modify, create derivative works from, transmit, distribute, transfer, display, perform, publish, and/or license any images, graphics, files, sounds, icons, text, logos, software, products, and/or services, obtained from or otherwise available on this website unless you have obtained prior written authorization from That Pitch to do so. You agree not to integrate any content available on this website into other websites, for example by means of “framing.” You agree not to reproduce, modify, create derivative works from, imitate, transmit, distribute, transfer, display, perform or publish any of the content of this website, or license or permit others to do any of the foregoing. Examples of protected arrangements of digital content include, without limitation, the formatting and/or structure of this website, the style, number and/or visual/contextual arrangement of data-entry boxes, visual and/or contextual arrangement and/or sequence of text, images, designs, icons, proportions and/or the style of text and design, and/or specific color combinations and/or arrangements found on this website. All content available on this website and the arrangement thereof is the exclusive property of That Pitch, and/or its content suppliers, and is protected by U.S. and international copyright, trademark and trade dress law and the contract created by the provisions of this agreement.
You agree not to use in any way and/or induce any third party to use in any way any content or business models used on or available by reference to this website, either for your own and/or a third party’s commercial benefit, and in particular not for the offering of online music services or related commercial activities, such as, but not limited to, the promotion of music for licensing.
You may use content provided on this website as set forth in Section 5.1 (Rights to Access and Participate in Services) and Section 5.2 (Rights in Profile).
Requests to Use Content
Any requests for use of content from this website may be submitted in writing via mail or email only to the following address:
That Pitch dba THAT NINETIES KID LLC
508 N Tryon #220
Charlotte, NC. 28202
Please be aware that we cannot process any requests that are not submitted in writing. We reserve the right not to respond to requests for permission to use content from this website and, to the extent that we may choose to respond to such requests, we will typically require a minimum of 48 hours from submission before responding to any such requests.
6. Code of Conduct
Our Site may provide blogs, and other services that allow you to interact with other Site Visitors and Registered Members (“Interactive Services”). As a condition to your use of the Website, the Services, and the Content, including the Interactive Services, you agree to follow our Code of Conduct, set out below. Under this Code, you will not:
Upload, email or otherwise transmit any images or other Content that are unlawful, obscene, harmful, hateful, invade the privacy of any third party, contain nudity or pornography, or are otherwise objectionable.
Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person’s consent.
Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.
Infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images, and text in electronic form — can easily be copied, modified and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner’s permission, or without a legitimate “fair use” justification for the transmittal.
Transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
Use the Service to artificially generate traffic or page links to a Web site or for any other purpose not expressly allowed under these Terms.
Use the Website in a manner that could disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site, such as through sending “spam” email.
Seek to obtain access to any materials or information through “hacking,” “data harvesting,” or through other means we have not intentionally made available to you through the Website.
Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website, Services, or Content to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).
We will enforce the above Code of Conduct wherever we deem necessary. Please understand, however, that That Pitch does not control – and does not necessarily endorse — the Content found in any Interactive Service. When you participate in the Interactive Services, you do so at your own risk, and we expressly disclaim responsibility for the Content found in these Services.
7. Monitoring of Interactive Services; Removing Postings
7.1. Filters; Blocking and Removal of Content. We have no – and assume no – obligation to monitor activities on our Website, please understand that we may employ filters designed to detect and block the transmission of messages that contain sexually explicit or otherwise inappropriate language. We reserve the right to edit, to refuse to post, or to remove any information or materials, in whole or in part, that we believe, in our sole discretion, are incompatible with our Code of Conduct.
7.2. Reports and Complaints. If you believe that a Registered Member or other user has acted inappropriately, such as by violating our Code of Conduct, you may report your concerns either via the links we have included on the Site, or by contacting us in accordance with Section 25 (Contact Us). If we are notified by a Registered Member or Site Visitor that he or she believes Content at the Site does not comply with our Code of Conduct, we may investigate the allegation and determine in good faith, in our sole discretion, whether to remove or block access to such Content, or to take action with respect to person or persons responsible for posting the Content. We have the right (but not the obligation), in our sole discretion, to remove, relocate, change from public to private, or otherwise block or restrict any Content at any time, with or without notice, and without liability.
7.3. Revocation or Suspension of Use Privileges. We reserve the right at any time to terminate or suspend your access to some or all of the Interactive Services or the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct.
8. Privacy and Your Disclosure of Information in Interactive Areas
9. Advertisers; Links.
We may allow certain companies and advertisers to place ads and information on our Site. Although we have selected the Advertisers, we are not responsible for your choice to contact or do business with them. Your correspondence and dealings with Advertisers, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the Advertiser, and you agree that That Pitch shall not be responsible or liable for any loss or damage incurred as the result of your dealings with Advertisers or as the result of the presence of such Advertisers on the Site.
The Website may also contain links or produce search results that reference links to third party Websites (collectively “Linked Sites”). That Pitch has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites. That Pitch does not endorse the content of any Linked Site, nor does That Pitch warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.
10. Discounts and Special Offers.
Any third party discounts or special offers offered, posted, linked, advertised or otherwise found on our Site are solely between the party offering such discount or special offer and the Registered Member who chooses to participate or pursue such discount or special offer. That Pitch has no control, duty or obligation regarding such discounts or special offers.
11. Promotional Credits (Hit$)
11.1. Promotional Credits issued by That Pitch are valid for a full seven years from the date of original issuance except as prohibited by law. That Pitch does not deduct or otherwise charge any service or dormancy fees during the seven year life of these credits. At the conclusion of the seven-year period, the promotional credits may expire, except where prohibited by law.
11.2. Promotional credits must be redeemed through the That Pitch.com website toward the purchase of submission credits and services available and listed thereon.
11.3. Promotional Credits are not redeemable for cash.
11.4. That Pitch is not responsible for lost or misused promotional credits.
11.5. That Pitch will have the right to close customer accounts and request alternative forms of payment if a fraudulently obtained promotional credits are either redeemed through the That Pitch.com website or is redeemed and used to make purchases on the That Pitch.com website.
11.6. All sales transacted through the That Pitch.com website are final. In the event that That Pitch decides that a refund may be available in their sole discretion, the form of such refund is also within the sole discretion of That Pitch.
11.7. That Pitch and its affiliates make no warranties, express or implied, with respect to promotional credits and services offered, including without limitation, any express or implied warranty of or fitness for a particular purpose. That Pitch makes no representations of any kind, express or implied, as to the operation of this website, any third-party website or any third-party services accessed through this website, or any of the materials incorporated therein. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above may not apply and you may have additional rights.
12. Technical Restrictions; Remedies
Please keep in mind that, you must respect and comply with our specified file size, bandwidth and storage limitations for Content you submit and the profile you create. If we determine, in our discretion, that it is necessary, we will disable or take other related action concerning accounts that in our view are using excessive bandwidth or other system resources. In addition, we reserve the right, if we find it necessary (in our discretion), to delete or change a Member’s screen name and, if we believe, in our discretion, that the volume of music being stored is too large.
13. Warranty Disclaimer
That Pitch works diligently to maintain its Website, but does not promise or warrant that the Website will be error-free or uninterrupted, or that the Site will provide specific results from your use of any content, search, or link on it. The Site, and all Services and Content within them are delivered on an “AS IS” and “AS AVAILABLE” basis. That Pitch does not warrant or represent that materials you download from the That Pitch sites will be free of viruses or other harmful features.
That Pitch DISCLAIMS (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE ON THE WEBSITE OR IN MUSICS; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION ON THE SITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE That Pitch SITES AND RELATED SERVICES IS AT YOUR SOLE RISK.
Please consider maintaining back-up copies of the Content or Professional Content you post on your profile.
14. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL That Pitch BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE That Pitch SITE, THE SERVICES, OR THE CONTENT.
You agree that injunctive relief shall provide you with a good and sufficient remedy for any complaints against That Pitch arising out of its Services, and agree that you will not subsequently claim that such remedy or the remedy and damages limitations provisions of these Terms have “failed of their essential purpose.”
Our Registered Members may decide to engage in offline activities together, perhaps due to the relationships they have developed online. You agree to release and hold That Pitch harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, or property damage, either directly or indirectly related to or arising from you participation in any such offline activities.
You agree to defend, indemnify, and hold That Pitch and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms.
16. Contact for Alleged Copyright Infringement
That Pitch respects the intellectual property rights of others and requires that its users do the same. If you believe that Content on the That Pitch Site or other activity taking place on the Site constitutes infringement of a work protected by copyright (a “Work”), please notify us at:
That Pitch dba THAT NINETIES KID LLC
508 N Tryon #220
Charlotte, NC. 28202
Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
17. Additional Terms for Certain Services or Sites
We may offer certain That Pitch Websites or Services that are subject to additional or different terms and conditions. We will notify you if the site or service you are accessing is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such sites or services, if you do not agree with the differing terms and conditions.
18. Modifications to these Terms
We may modify and change these Terms over time. We will not “retroactively” change these Terms, and any modifications we make shall take effect proactively, once you next access the Website. Please feel free to print out a copy of these Terms for your records.
These Terms of Service shall not be assignable by you, either in whole or in part. That Pitch reserves the right to assign its rights and obligations under these Terms.
20. Our Affiliates
We may choose to rely on and share information with companies closely related to us – our “Affiliates” — for certain purposes under these Terms. By “Affiliate,” we mean an entity that controls, is controlled by, or is under common control with That Pitch, whether the control results from equity ownership, contract, overlapping management or otherwise. In this context, “control” means the ability to replace the officers or directors or otherwise materially influence or control management decisions. You agree that That Pitch Affiliates will be entitled to enjoy our rights under these Terms and, in exchange, we agree that we will be responsible for our Affiliate’s conduct under these Terms, if our Affiliate fails to comply with any resulting obligations.
22. Duration of Rights
You will continue to enjoy your rights and to owe obligations under these Terms until (i) you cease your use of the Services, or (ii) your password is revoked or suspended for misconduct, as set out in Section 7.3 (Revocation or Suspension of Use Privileges).
23. Duration of Terms; Survival
The following provisions shall survive the termination of these Terms and shall apply indefinitely:
Section 4.9 (Termination of Rights; Survival)
Section 13 (Warranty Disclaimer)
Section 14 (Limitation of Liability)
Section 15 (Indemnity)
Section 19 (Assignment)
Section 21 (General)
Section 23 (Survival)
25. Contact Us
26. Effective Date
The effective date of this Terms and Conditions is April 2nd, 2018.