LAST UPDATE AS OF April 17, 2024
The following terms and conditions (“Terms of Use”) establish a legally binding agreement between you and Pitchium LLC (“we,” “us,” or “the Company”) governing your use of all websites and domains owned by Pitchium LLC, including those of our parent companies, subsidiaries, and affiliates (collectively, the “Site”), our mobile application (“Application”), and the services provided through these platforms (collectively, the “Services”), including any Content (as defined in Section 2 below). By accessing or using the SERVICES in any manner (automated or otherwise), you (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE, and (B) confirm that you are at least 18 years old (or have reached the age of majority in your jurisdiction). IF YOU DO NOT AGREE TO THESE TERMS OF USE OR OUR PRIVACY POLICY, DO NOT USE THE SERVICES. THESE TERMS OF USE INCLUDE A MANDATORY ARBITRATION AGREEMENT, MEANING YOU AGREE TO RESOLVE ANY DISPUTES RELATED TO THE SITE, APPLICATION, SERVICES, THESE TERMS OF USE, OR OUR PRIVACY POLICY THROUGH BINDING INDIVIDUAL ARBITRATION INSTEAD OF LITIGATION IN COURT. THIS ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, PROHIBITING CLASS OR REPRESENTATIVE ACTIONS. FOR MORE DETAILS, SEE SECTION 15 (ARBITRATION AGREEMENT) BELOW. THESE TERMS OF USE ALSO INCLUDE A JURY TRIAL WAIVER.
Pitchium LLC provides a service that enables web users to obtain virtual currency, which may be used for various websites, online games, social applications, social networks, and other similar online applications by either earning (by completing offers) or purchasing such virtual currency. Pitchium LLC offers and advertisers are carefully selected in order to make sure your users are engaging with safe and honest merchants. In return, we expect the same fairness from you. Please respect the following rules so we may continue to provide you with quality offers.
We reserve the right to update or revise these Terms of Use at any time at our sole discretion. The “Last Updated” date at the top of this page indicates when the Terms were last revised. All changes are effective immediately upon posting and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use constitutes your acceptance of the changes.
Subject to these Terms of Use, Pitchium LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to: (a) Access and use the Services for personal, non-commercial purposes, including any graphics, text, instructions, images, audio files, videos, and other materials available on or through the Services (collectively, the “Content”); and (b) Download and install the Application on mobile devices owned or controlled by you (“Mobile Devices”). You are prohibited from: • Using automated tools or manual methods to collect information from the Services on a mass scale; • Gaining unauthorized access to the Services, accounts, or systems connected to the Services; • Overloading, disrupting, or harming the Services or our systems; • Restricting or inhibiting other users’ access to or use of the Services; • Removing or altering any copyright, trademark, or proprietary notices on the Site, Application, or Content; • Using the Services or Content for unlawful purposes or beyond the scope of the rights granted herein. If you download the Application, you further agree not to: • Copy, modify, or create derivative works of the Application; • Reverse engineer, decompile, or attempt to derive the source code of the Application; • Distribute, sell, or transfer the Application to third parties; or • Circumvent any security or copy protection features of the Application.
This Data Processing and GDPR Addendum (“DPA”) provides a set of supplemental obligations that Pitchium LLC (the “Company”) hereby assumes as part of the agreement (the “Agreement”) with each Pitchium LLC customer (the “Customer”). For the purpose of this GDPR Addendum, references to the Data Processor and the Sub-processor mean either party when acting as a Data Processor or Sub-processor with respect to Personal Data. This GDPR Addendum sets out the terms that apply when Personal Data, as defined in the Data Protection Legislation, is processed by either party in connection with the Services provided to the Data Controller. The purpose of the GDPR Addendum is to ensure such processing is conducted in accordance with applicable laws and with due respect for the rights and freedoms of individuals whose Personal Data are processed. This DPA shall be effective on the later of the effective date of the Agreement, and 25 May 2018 (“Effective Date”). All capitalized terms not defined in this DPA shall have the meanings set forth in the Agreement. In the event that Pitchium LLC and Customer have entered into a separate signed agreement document with regard to compliance with the EU Data Protection Law (defined below), this DPA shall not apply; provided, that at a minimum, Pitchium LLC shall, in any case, be bound by its obligations set forth in this DPA.
This Data Processing Agreement (“DPA”) sets out the terms and conditions under which Pitchium LLC processes Personal Data on behalf of its customers (“Customer”).
This DPA applies where and only to the extent that Pitchium LLC processes Customer Personal Data on behalf of Customer as a Data Processor in the course of providing Hosted Service pursuant to the Agreement.
Notwithstanding expiry or termination of the Agreement, this DPA will remain in effect until, and will automatically expire upon, deletion of all Customer Personal Data by Pitchium LLC as described in this DPA or termination of the Agreement.
-Payout will be made within thirty (30) days after the end of each calendar month, for Transactions occurring during such month. -Publisher will provide Company with a valid invoice. -Payout will be done in USD, via PayPal or bank transfer. -Minimum payout – any monthly Payout, that will not reach a minimum threshold of 100 (one hundred) USD, will be added to the Payout of the following month. -Fraudulent Activity related chargeback and/or deduction – Company will have the right, in its full discretion, to deduct and/or chargeback Payouts resulting from Fraudulent Activity.
-Payout is inclusive of all applicable taxes excluding value-added tax, whenever applicable under USA law, which will be added to any Payout. -It is your responsibility to determine what, if any, taxes apply to the commission you earn from Pitchium LLC. It is solely your responsibility to assess, collect, report, or remit the correct tax to the proper tax authority in your jurisdiction. Pitchium LLC is not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any commission sent by Pitchium LLC. -Except for the Payout, Publisher will not be entitled to other payments, reimbursements, royalties, or expenses, unless otherwise agreed in writing by the Parties. The Payout constitutes the entire payment due to Publisher under these Terms and Conditions and Publisher shall not be entitled to any payments (including any reimbursement) other than those contained herein or specifically agreed in writing by Company.
The Services, including the Content, are owned by Pitchium LLC and are protected under copyright, trademark, and other applicable U.S. and international laws. All trademarks, service marks, and logos displayed on the Site or Application are the property of Pitchium LLC. The Application is licensed, not sold, to you. You acknowledge that Pitchium LLC retains all rights, title, and interest in and to the Services and Content, including all intellectual property rights.
By using the Services, you consent to receive communications from us electronically, including notices, agreements, and disclosures. You agree that all electronic communications satisfy any legal requirement that such communications be in writing.
Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and protect your information. By using the Services, you consent to the practices described in our Privacy Policy.
From time to time, we may offer sweepstakes, contests, games, or other promotions (“Promotions”) through the Services. These Promotions may have separate rules and eligibility requirements. You are responsible for reviewing and complying with the applicable rules before participating.
Pitchium LLC may, at its discretion, provide updates to the Application, including upgrades, bug fixes, patches, and new features (“Updates”). You agree to promptly install all Updates and acknowledge that failure to do so may affect the functionality of the Application.
We reserve the right to modify, suspend, or discontinue the Services or any portion thereof at any time without notice. We may also suspend or terminate your access to the Services for any reason, including violations of these Terms of Use.
Disclaimer of Warranties: THE SERVICES, APPLICATION, AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. PITCHIUM LLC DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, PITCHIUM LLC AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES, APPLICATION, OR CONTENT.
You agree to indemnify and hold Pitchium LLC and its officers, directors, employees, and agents harmless from any claims, liabilities, damages, or expenses arising from your use of the Services, Application, or Content, or your violation of these Terms of Use.
The Services may include links to third-party websites, content, or services (“Third-Party Materials”). Pitchium LLC is not responsible for the accuracy, legality, or quality of Third-Party Materials. Your use of Third-Party Materials is at your own risk.
These Terms of Use are governed by the laws of the State of Florida, without regard to its conflict of laws principles. Any disputes arising under these Terms of Use shall be resolved exclusively in the state or federal courts located in Florida.
Any disputes or claims related to these Terms of Use or the Services shall be resolved through binding individual arbitration, except for small claims court actions or disputes involving intellectual property rights. Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
If you have any questions about these Terms of Use or the Services, please contact us at support@Pitchium.com