Sitch Terms of Service

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.

Changes.

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.

Eligibility.

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.

General Use.

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.

Mobile Application.

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.

Registration.

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.

If you register for a pre-release version of the Site or App (“Beta Release”), you acknowledge and agree that the Beta Release may contain, in Sitch’s sole discretion, more or fewer features or different licensing terms than a subsequent commercial release version of the Site and/or App that may be offered by Sitch. You acknowledge and agree that any “beta account” will automatically convert to a commercial release version account upon the launch date of the Site and/or App to the public (“Public Launch Date”). If you do not desire to continue using the Site and/or App after the Public Launch Date, you may contact Sitch to delete your account in accordance with the terms and conditions governing deletion of personal information set forth in Sitch’s Privacy Policy. Without limiting any disclaimer of warranty or other limitation stated herein, you agree that any Beta Release is not considered by Sitch to be suitable for commercial use, and that it may contain errors affecting its proper operation.

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.

Electronic Communications.

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.

Privacy Policy.

Please review the Sitch Privacy Policy, which is available in the “Information” section of our mobile app.

Third Party Content.

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.

Links to Third Party Sites.

The Site and App may contain links to web sites that are not Sitch sites (collectively, “Third Party Sites”). You acknowledge and agree that the Third Party Sites may have different privacy policies, terms and conditions and/or user guides and business practices than Sitch, and you further acknowledge and agree that your use of such Third Party Sites is governed by, and will comply with, the applicable Third Party Web Site privacy policy, terms and conditions and/or user guides. Sitch does not verify, make any representations or take responsibility for such Third Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third Party Sites. YOU AGREE THAT SITCH WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.

User Content

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.

Unauthorized Activities.

You agree not to do any of the following while using the Site, Services, or Materials:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Use racially, ethnically, or otherwise offensive language.
  • Discuss or incite illegal activity.
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
  • Post anything that exploits children or minors or that depicts cruelty to animals.
  • Post any copyrighted or trademarked materials without the express permission from the owner.
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
  • Use any robot, spider, scraper or other automated means to access the Site.
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
  • Alter the opinions or comments posted by others on this Site.

Additionally, you agree not to:

  • Take any action that interferes or may interfere with the proper working of the Service or any activities conducted on the service.
  • Bypass any measures Sitch may use to prevent or restrict access to the service.
  • Use manual or automated software, devices, or other processes to “crawl” or “spider” any part of the site or app.
  • Harvest or scrape any content from the service.
  • Modify, adapt, appropriate, reproduce, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade or in any way exploit the Service or Materials (other than your User Content) except as expressly authorized by Sitch.
  • Copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
  • Otherwise take any action in violation of Sitch guidelines and policies.

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.

Proprietary Rights.

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.

Intellectual Property Infringement.

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:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Sitch to locate the material.
  • Information reasonably sufficient to permit Sitch to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

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: help@sitch.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.

Disclaimer of Warranties.

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.

Limitation of Liability.

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.

Local Laws; Export Control.

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.

Feedback.

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.

General.

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.

Additional Terms Applicable to the App.

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”):

  • You acknowledge that these Terms are between you and Sitch only, and not with Apple, Inc. (“Apple”).
  • Your use of Sitch’s iOS App must comply with Apple’s then-current App Store Terms of Service.
  • Sitch, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
  • You agree that Sitch, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
  • You agree that Sitch, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
  • 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.
  • You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
  • The parties agree that Apple and Apple’s subsidiaries are third party beneficiaries to these Terms as they relate to your license of Sitch’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third party beneficiary thereof.

Geo-Location Terms.

The Services include and make use of certain functionality and services provided by third parties that allow Sitch to include maps, geocoding, places and other content from Google, Inc. (“Google”) as part of the services provided by the App (the “Geo-Location Services”). Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use.

Contact Us.

If you have any questions about these Terms or otherwise need to contact Sitch for any reason, you can reach us at help@sitch.com or at Sitch, Inc., PO Box 61059, Palo Alto, CA 94306