Terms and Conditions

WEBSITE TERMS AND CONDITIONS OF SERVICE

ANY INDIVIDUAL OR ENTITY (“USER”) THAT USES, REGISTERS TO USE OR ACCESSES THE SITE PITZAPP.FIREBASE.COM OR THE PITZ APPLICATION IN THE APP STORE OR PLAY STORE (COLLECTIVELY THE “SITE”) OR ANY INFORMATION CONTAINED ON THE SITE, ACCEPTS AND IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF SERVICE (THE “AGREEMENT”).

Parties to the agreement. Upon registering on the site, you are entering into an agreement with [PITZ,INC ], with its principal place of business at [151 POSITANO CIRCLE, REDWOOD CITY, 94065, CALIFORNIA], referred to in these terms and conditions as “we,” “our” or “[Pitz]”. You must be at least 18 years of age to register for or use the Site. If the player being registered for a tournament organized through the Site is underage, you acknowledge that you have parental rights or guardianship over the minor and are acting in their representation.

Passwords. You agree to keep your password safe and confidential and not to allow anyone else to use your email or password to access the Site, not do anything that helps anyone who is not a registered user to be able to access any secured area of the Site or create additional accounts in order to abuse the Site’s functionality, other users, or to try to impersonate another user. If you believe that anyone else has access to your account, please notify us of this immediately so that we can cancel your account as soon as possible. You are responsible to us for all activity occurring under your account.

Personal Information. You agree to provide correct, exact and complete information to us and/or the Site. All personal information provided by users shall be handled with due care and security pursuant to our Privacy Policy. The previous notwithstanding, Pitz shall not be responsible for the veracity of the information and content provided by other users of the Site.

Service. As is mentioned above, Pitz provides a platform or market that allows users to meet, offer, reserve and find players online, allowing them to organize soccer teams and even tournaments. Pitz is a marketplace, and as such, it does not provide management or administration services or coordinate the soccer teams or tournaments organized by users. Pitz’s responsibility is limited to: (i) facilitating availability of the Site, and (ii) acting as a limited collections agency to receive the payments each user organizer of a team, game or tournament (the “Host”) enables within the Site and providing access to other guest users (“Guests”) using the payment systems designated by Pitz for this effect. The Pitz platform shall be the only connection between the Host and Guest to share the housing.

Site Content. You use the Site and/or all the content included on the Site (the “Content”) at your own risk. We do not conduct independent research that allows us to confirm the veracity of said Content. No content or other material on the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Pitz’s prior written consent. Please keep in mind that although we strive to provide precise and updated information, it is possible that the content is not wholly exact or updated, complete or error-free, and that due to its nature is subject to changes that could cause it to be outdated. All of the Content provided is done so without any representation or guarantee of any kind (either implicit or explicit), pursuant to applicable law. Unless explicitly stated otherwise herein, Pitz controls or owns all the intellectual property rights generated or uploaded to the Site, including the Content. You are prohibited from publishing, distributing, extracting, reusing or reproducing any part of this Site or its Content in any way (including storing it on any medium) other than what is expressly authorized in this document or according to what is allowed on the Site. This Site and its Content are for personal use only and for the organization of tournaments or games, but not redistribution, transfer, assignment or sublicense. You accept that the use of the Content for commercial purposes will generate an obligation to pay corresponding damages and losses.

Objectionable Material. If you have knowledge of any objectionable or illegal content posted anywhere on the Site, please notify us of this material immediately (including the specific page it is found on) at info@pitz.io. Be aware that there could be legal repercussions for making false allegations through this process or acting in bad faith.

Uploaded Material. If you upload any material to the Site (including but not limited to, text, photographs, written comments, posts, suggestions, ideas, notes, drawings, or any other information disclosed or offered through the Site), you hereby grant us a universal, perpetual, non-exclusive license to use this information in any media. In addition, you waive your economic rights related to this license and accept and acknowledge that such material is not confidential, reason for which Pitz is not responsible for any use or disclosure of the aforementioned material. In addition, you state and guarantee that you have the intellectual property rights, both moral and economic, to all the Content you upload to the Site. We reserve the right to cut, edit or fix your material as necessary at our discretion. Unless you have requested otherwise, your name may be published along with your material. If you do not wish to grant these rights, please do not send material to the Site.

Code of Conduct. We reserve the right to reject the posts of any user for any reason at any time, or to edit content if we believe it is inappropriate. We will do this especially if we find inconsistencies, misrepresentations or become aware of any other attempt to harass or deceive us or any of our users or potential users.  Any user that is blocked because of these reasons will not have the right to any refund. In addition, please keep in mind that Pitz will cooperate with the authorities in prosecuting any offense or criminal activity that threatens the integrity of our service or business, illegally distributes information we provide, or gives it any use other than what is outlined herein.

You accept full responsibility for everything you post or transmit on the Site and agree (in relationship to the Site) to:

• Refrain from posting Content, or participating in any activity through the site, that is illegal, intrusive, harmful, offensive, abusive, threatening, detrimental, vulgar, obscene, profane, related to sexual orientation, is racially offensive or which includes objectionable material;
• refrain from posting material you are not authorized to use;
• not mistreat other users;
• not spam other users or anyone else;
• not publish your contact information or that of anyone else;
• not register more than one account for yourself or anyone else.

You acknowledge and accept that by uploading material to the Site you could be exposed to critical comments or messages from other users that are unfair, inexact, offensive, indecent or objectionable to you and you waive all rights and recourse you have or could have against us in regards to such comments and observations.

Disclaimer. Pitz shall not be held responsible for any advertisement, and specifically, we do not take responsibility for the character of other users, their credit capacity or the ability of Hosts to successfully organize a tournament or of the Guests to pay the corresponding fees for the organization of the games or tournaments. Pitz shall not be held responsible for any event or loss resulting from the use of the Site or our services. It is your responsibility to evaluate the character and acceptability of all Hosts and Guests. Please remember that Pitz cannot, nor has the means to control, the provision, quality, condition, legality or suitability of any of the services offered by the Host. Consequently, you hereby release Pitz from any liability that could be derived from the agreement made between the Host and Guest, as this will be done at the sole risk of the user requesting this.

Legal Guardian’s Responsibility. By using the site you state that you have parental rights or are the legal guardian of the minor registered on the Site to participate as a player in any of the games or tournaments organized by users. Furthermore, you acknowledge and accept the risks the minor is exposed to by playing soccer. Consequently, you state that if the minor suffers an accident during any of the games organized through the use of the Site, any illness, physical injury, or congenital condition, that you shall cover the expenses generated from this, holding Pitz, its executives, employees, representatives and agents harmless from any claim that could arise, releasing Pitz from any legal proceeding that could be brought against it.

Limitation of liability. You accept that Pitz’s responsibility to the User shall be limited to the following amounts: (1) the amount you have paid Pitz for its products or services or (2) USD $0.0 ($0.00 00/100 local currency). Unless otherwise provided for herein, Pitz shall not be responsible for any direct or consequential loss of any kind in the agreement or damage of any other kind arising from the use of this Site or in relationship to the products and/or services we provide.

Indemnification. You agree to indemnify Pitz for all losses or damages it may incur, including but not limited to legal fees resulting from any breach on your part of any guarantee or other term included herein, or the misuse of any material or information obtained through the site. Additionally, you agree to indemnify Pitz for all losses or damages suffered in relationship to any claim from third parties due to the violation of intellectual property rights arising in relationship to the supply of materials or Content on the Site.

Prices. Prices are listed on the corresponding pages of the Site (excepting obvious errors) and are subject to change at any time. We may modify our prices at any time by posting the new prices on the Site. All prices include VAT and/or sales tax unless specified otherwise.

Payments. You agree to make the corresponding payments for the services requiring this on the dates indicated in the pricing section and using the payment platforms Pitz has authorized at such time. All payments must be made using a debit or credit card. We accept payments using Visa, Visa Debit, Mastercard, Maestro, American Express and any other local payment method indicated on our payment site. All holders of credit and debit cards are subject to the verifications and authorizations of the card issuer. By using your credit or debit card, you confirm that the card is yours and that you have sufficient funds or credit available to cover the charges.

The payment platforms are independent from Pitz, the purpose of which are to facilitate a safe and agile transaction. You must directly contact the payment platforms applicable to the Site and authorized by Pitz regarding any question or incident relating to said payment system. Pitz does not assume any responsibility for the functioning or use of the payment platforms.

Pitz will transfer the funds to the Host (less Pitz’s commission) [fourteen] days after the transfer is made by Guests to the bank account indicated by the Host on their profile. Pitz will also send the invoice to the Guest using the email address on their profile. Pitz’s commission is [1] % of the monthly fee to be paid by the Guest.

Right to Cancel. You may cancel your subscription at any time by logging into your account and selecting the “Deactivate my subscription” option on your home page.

 

Termination. You may terminate this Agreement at any time by deactivating your account on the Site and destroying all Content or other materials obtained from the Site (along with all copies and installations of this, if done so under the terms of this Agreement or of another kind), and provided that you are up-to-date on the payment of your obligations to Pitz and any Users. Pitz may terminate this Agreement at its sole discretion at any time if we suspect that you have violated this agreement (or have acted in a way that indicates that you do not have the intention of or are incapable of complying with it), any term of this, or if it is legally bound to do so by law or if in the future it is probable that it is no longer commercially viable.

Brands. The brands, products and names of services used or that appear on the Site (including but not limited to, Pitz) are trademarks or trade names owned by Pitz or its business partners unless indicated otherwise. You are prohibited from distributing products or offering services by virtue of or by reference to these, and from using or reproducing any brand, trade name or slogan in any other way without Pitz’s prior written consent.

Hacking. The user accepts and agrees not to attempt to damage, deny service, hack, crack, reverse engineer or interfere (collectively, “interfere”) with the Site in any way. If you interfere with the Site in any way, you agree to pay all damages and losses caused to Pitz. Pitz will cooperate with the authorities in prosecuting any user who interferes with the Site or attempts to commit fraud against Pitz or any other party using the Site or the services provided through the Site. Pitz reserves the right to deny access to part or all of the Site or service to any user for any reason, at any time, at our discretion. You accept that we could block your IP address or addresses at any time at our direction in order keep you from continuing to use the Site. We reserve the right to take any action we deem appropriate at our discretion in regards to violations or the execution of the terms of this Agreement, and expressly reserve all the rights and resources available to us under the law or in equity.

No Association. The use of the Site and/or its content does not create any association or a customer, fiduciary or professional relationship or that of any other kind.

Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding its object. No other understandings, agreements or representations exist, either oral or written, which are not contained herein in relationship to it.

Force Majeure. We shall not be responsible for any breach or delay in performing any of our obligations by virtue of this agreement caused by events that are out of our reasonable control.

Severability. If any part, term or disposition of this Agreement is declared illegal, not applicable or in violation of any law by a court of competent jurisdiction, the remaining parts or dispositions will continue to be valid and shall remain in full force and effect.

Waiver. No express or implicit waiver by either party of any term or condition or of any violation by the other of any of the dispositions of this Agreement shall be deemed to be a waiver of any violation of this or of any other disposition in this agreement.

Modification. This Agreement may be modified occasionally by posting the new terms on the Site, and all modifications shall be applicable to all users as of the time and date that said updated conditions are posted on the Site. Your continued use of the Site or services constitutes your agreement and acceptance of any modification or other changes.

Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of United States. Any dispute arising from or in connection to this Agreement shall be subject to the exclusive jurisdiction of the courts of California
How to contact us. For questions regarding the Site and refunds, please contact us at the following email address: hello@pitz.io or contact us at info@pitz.io

Last update: June 22, 2016.

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