Last updated on 11/3/2011
Perfect Pitch Concepts (‘Perfect Pitch Concepts’, ‘PPC’, ‘we’, or ‘us’) offers a wide variety of online products and services, including general and personalized content, communication tools and forums, and other online applications (the ‘Service’) on the following terms.
You (the “Client”), by using, accessing, or attempting to interact with PPC or other PPC software, services, websites, or any of their licensees services or software (collectively “Services”), agree to be bound and abide by the terms and conditions of this Agreement with Perfect Pitch Concepts.
You agree that the Services, which include all software and documentation, both electronic or printed media, may contain copyrighted material, trade secrets, patent pending material, and other proprietary intellectual property. The Services are the property of Perfect Pitch Concepts and they are protected by applicable copyright, trade secret, and patent laws, and other proprietary rights and laws, and they may only be used or accessed as specifically provided for in this Agreement.
You agree that you will only use the Services if you are a United States citizen over 18 years of age. If the Client’s account is to be used for a business, then the business must be based in the United States.
You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on or in any manner commercially exploit the Services, in whole or in part.
You agree that violations by you, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of this Agreement will be prosecuted to the fullest extent of the law in the federal and state courts located in Georgia.
The Services are offered on an “as is” basis and used by the Client solely at his or her own risk. All Client-specific information provided by Client in connection with Services shall be used to provide services and features to the Client and to maintain the associated websites.
PPC does not allow any of the following content, or links to such content, to be published on the Service:
- Content of a pornographic, sexually explicit, or violent nature.
- Content of an illegal nature (including stolen copyrighted material).
- Pirated software sites, including cracking programs or cracking program archives.
- Content with the sole purpose of causing harm or inciting hate, or content that could be reasonably considered as slanderous or libelous.
Clients posting any of the above content on their sites will be notified using Client’s current email address on file, and given a 48-hour grace period to make any corrective actions. If no corrective actions are taken, PPC will suspend the services of the member account until a resolution is met between Perfect Pitch Concepts and the Client. A repeated violation of this Policy may cause cancellation of service without refund of any fees.
In addition, PPC does not allow any of the following:
- Clients may not use the Service as a remote storage server only.
- Clients may not access the Service through automated methods. Use of robots or other computer code that calls the Service, except where explicitly allowed, is absolutely forbidden.
- Clients must exercise caution when hosting large downloads (>10MB). PPC reserves the right to refuse to host any large downloadable files.
- Clients may not send unsolicited messages (also known as junk mail or SPAM) to promote any website published on the Service.
Clients are not permitted to knowingly allow another website or hosting server to link to content files stored on PPC’s servers. Clients deemed to be using PPC solely as a remote storage server will have their account immediately terminated and will have all files associated with their account permanently removed.
The final decision of whether an account is in violation of any of these policies is at the sole discretion of Perfect Pitch Concepts.
Violation of any of these policies may result in tracking information being stored to identify the offending Client, and permanent restriction from holding an account on the Service.
Client agrees to a one (1) month contract agreement with Perfect Pitch Concepts.
Client can opt to upgrade or downgrade their service agreement to any other contract agreement that PPC is currently offering for sale at any time during Client’s contract term. In the event of a contract downgrade, a discount credit will be issued to Client’s PPC account for the difference in the cost of the two contracts over the remainder of the Client’s original contract term. This credit can be applied to future months of service with PPC, and is in no way transferable to a cash refund.
At the end of the contract term, the contract will automatically renew indefinitely until explicitly cancelled by the Client. Cancellation must be issued via PPC’s support addresses at least three (3) business days prior to the end of the contract term to allow for adequate processing time. If cancellation is not initiated at least three (3) business days before the end of the current contract term, PPC reserves the right to bill the Client for the following contract period.
Chargeback / Refund Policy
PPC will not, under any circumstances, issue cash refunds for early contract cancellation.
If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately credit your account or credit card account for the appropriate amount.
Perfect Pitch Concepts has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.
Temporary Use License Granted
Only for the duration of being logged into the Client’s valid PPC account, the Client is hereby granted a non-exclusive, non-transferable temporary license, subject to the terms and qualifications of this Agreement, to use the Services only on the single computer that temporarily accesses the Services directly from the PPC website.
A valid PPC account may only be created and maintained by a Client who fully provides valid personal information about the Client in the signup process. To maintain a valid account, the Client must regularly update such information to assure its accuracy, and the Client must always comply with the terms of this Agreement.
The Client is not granted a license or any other right to store any of the Services (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative works.
Contract Revisions and Applicable Legal Jurisdiction
Revisions to this Agreement will be applicable to previous version of this Agreement. Revisions will be considered agreed to by the Client continuing to use of or access the Services in any way.
For existing Clients, the effective date for the revised Agreement shall be the earlier of (a) fifteen (15) days after posting the revisions or (b) formal Client acceptance of new terms via email or any other mechanism (such as a click-through confirmation or acceptance button). Clients continuing to use the Service after the effective date of any revisions to this Agreement or any additional policies agree to be bound by the revised Agreement or any Additional Policies.
As a courtesy, Perfect Pitch Concepts will attempt to notify all Clients of any revisions to this Agreement or Additional Policies as applicable. However, it is ultimately the Client’s responsibility to check the PPC Website regularly for changes to this Agreement or the Additional Policies, as applicable. The date of the last modification for each page will always be clearly displayed at the top of the page.
Perfect Pitch Concepts also reserves all rights for changes and/or modifications to the Services and/or rates for the Services, and will communicate these changes to Clients within 30 days of their effect (with the exception of any security updates or other error resolution that might require immediate implementation).
This Agreement constitutes the entire understanding of the parties, and is agreed to being entered into in the State of Georgia.
This Agreement shall be governed and construed in accordance with the laws of the State of Georgia and no party shall object to removal or prosecution of any litigation to a federal or state court in Georgia.
Material and Products
Perfect Pitch Concepts and its Partners provide Services on an “as is” basis.
Perfect Pitch Concepts shall make no effort to validate any information provided by the Client for use with Services for content, correctness or usability.
Use of Perfect Pitch Concepts services requires a certain level of knowledge in the use the Internet and World Wide Web. The Client is required to have the necessary knowledge to use the Internet and the World Wide Web.
It is not the responsibility of Perfect Pitch Concepts to provide free support for the Client in the use and operation of the Services.
Only services and features clearly indicated as “free” or “no charge” are free or without charge. All other applications, features, functionality and support provided by Perfect Pitch Concepts and its partners are provided for a fee and the Client is liable for such fees.
The Client may not rent or lease or provide the Services (including any software or documentation used by or with the service) to third parties.
The Client may not decompile, disassemble, reverse engineer, copy, create a derivative work, or display the Software code in human readable form, or otherwise use the Services (which includes its software and documentation) except as explicitly provided for in this agreement.
The Client may not store, publish, or give the Services (including software and documentation) to others, or otherwise enable its use by others.
PPC Etiquette and Privacy
Electronic forums such as mail distribution lists and news groups all have expectations regarding subject area and appropriate etiquette for posting. Clients of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution.
The network resources of the Perfect Pitch Concepts may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Perfect Pitch Concepts.
All messages transmitted via Perfect Pitch Concepts should correctly identify the sender; Clients may not alter the attribution of origin in electronic mail messages or posting.
All Clients shall not attempt to undermine the security or integrity of computing systems or networks of PPC, its Partners, or those accessed through or with their product, and must not attempt to gain unauthorized access.
PPC reserves the right to terminate any account that does not include a valid email address on file. This email address must be stored in the profile for the administrative account within Client’s website on the PPC system.
Age and Nature of the Client
The Client certifies that he or she is a person at least 18 years of age.
The Client certifies that he or she is a United States citizen.
If the Client’s account is for a business, the Client certifies that the business is a United States business.
The Services may not be used by any automated device or automated computational machine.
The Service may only be used or accessed through an electronic device under the manual control of Client at all times.
Perfect Pitch Concepts shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from or by the Client or through the Perfect Pitch Concepts services.
The Client takes full responsibility for all taxes and fees of any nature associated with Services used or products purchased.
Services provided to or used by the Client may only be for lawful purposes.
Transmission, storage, copying, or modifying any material or other actions by Client in violation of any Federal, State or Local regulation is prohibited. This includes material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes, but is not limited to, material protected by copyright, trade secret, or any other statute, threatening material, or obscene material.
Clients are prohibited from using Perfect Pitch Concepts services for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which Perfect Pitch Concepts deems, in its sole discretion, to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. This also includes links or any connection to such materials. The designation of any materials as such described above is left entirely to the discretion of the Perfect Pitch Concepts management.
The subscriber agrees to indemnify and hold harmless and defend Perfect Pitch Concepts from any claims resulting from the Client’s use or Client’s allowed use by others of the Services which damages either PPC, its officers, its employees, its directors, its partners, or another party or parties.
Indemnification and Limited Liability
Client shall defend, indemnify, save and hold Perfect Pitch Concepts (including, its agents, its clients, its servants, officers, directors and employees) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against them, that may arise or result from any service provided or performed or agreed to be performed or any product used or sold by or to Client, its agents, employees or assigns.
Client shall defend, indemnify and hold harmless Perfect Pitch Concepts (including, its agents, its clients, its servants, officers, directors and employees) against any and all Liabilities caused directly or indirectly the Client or any person who Client allows to access the Services.
Under no circumstances, including negligence, shall Perfect Pitch Concepts (including, its agents, its clients, its servants, officers, directors and employees) or any one else involved in creating, producing or distributing Perfect Pitch Concepts services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Perfect Pitch Concepts service; or that results from mistakes, omissions, interruptions, deletion of files or data, errors, security breaches, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Perfect Pitch Concepts records, programs or services. This paragraph shall apply to all content and functionality of Perfect Pitch Concepts Service.
Notwithstanding the above, Client’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid directly to Perfect Pitch Concepts during the current month.
Such limitations shall apply to Perfect Pitch Concepts total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion of files or data, defect, security breaches, delay in operation of transmission, communications failure, theft of destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
Trademarks and Copyrights
Client warrants that it has the right to use the any trademarks, processes, or other materials it uses with the Services, if any. Client warrants that its content does not infringe any third party copyrights or patents.
Throughout the course of service rendered to the Client by PPC, the Client will remain the full owner and controlling entity for the Client’s established domain name(s). Registration and modification of domain name status, including name server location is handled by independent domain name registrars.
PPC Services that include online data backup are powered by Amazon Web Services, and are subject to the terms and restrictions imposed by that service provider. Information about these terms can be found at http://aws.amazon.com/terms.
These remote data backup services are intended to aide in the recovery of a Client’s website in the event of an issue on the primary server, but as with all PPC Services they are offered on an “as is” basis. In the event that a Client’s website requires restoration from a backup additional service charges may apply.
Service Reliability and Warranties
Perfect Pitch Concepts makes no warranties or representations of any kind, whether expressed or implied for the Services.
Client’s use of PPC Services are at Client’s sole risk. Neither Perfect Pitch Concepts, its employees, directors, affiliates, agents, third party information providers, merchants licensers or the like, warrant that PPC Service will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Perfect Pitch Concepts Service, unless otherwise expressly stated in this Agreement.
Perfect Pitch Concepts also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the Client, or viewers and Clients of Client’s materials, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of Perfect Pitch Concepts is at the Client’s own risk, and Perfect Pitch Concepts specifically denies any responsibility for the accuracy or quality of information obtained through its services.
Damages claims for unavailability of the Service against Perfect Pitch Concepts are expressly limited to the pro-rata portion of any monthly charge pre-paid by the Client directly to Perfect Pitch Concepts for the period of the system unavailability. “System unavailability” shall be narrowly defined as an unscheduled outage of more than 2 hours, but in no case shall include outages for maintenance, upgrade or repair where Clients are provided notice of such outages in advance via email.
Some PPC Services rely on third-party hosted applications (such as analytics, sharing tools, etc). On occasion, these third-party vendors release revisions to their services that may temporarily render them unable to properly interact with PPC Services. Whenever possible, PPC will provide notice to the Client via email of any necessary upcoming maintenance to the Client’s site in order to ensure that any third-party services remain functional. In the event that PPC Services suffer partial unavailability as a result of a third-party provider’s upgrades, PPC will under no circumstances be held responsible for damage claims for Service unavailability.
Under no circumstances will Perfect Pitch Concepts bear any responsibility for any damages arising as a consequence of such unavailability.
This Service may be terminated by either party, without cause, by giving the other party three (3) days written notice. As long as the Client has remained in compliance with the terms of this Agreement, the Client shall retain the rights to transfer data from their application, however it is the Client’s responsibility to ensure that all of the Client’s data is transferred from our servers before the Service is cancelled (PCC will only provide access to this data).
If PPC terminates the Service without cause within six (6) months of initial account activation, then PPC will agree to refund a pro-rated amount of the basic setup fee that shall be calculated by distributing the total setup fee exclusively over the initial six-month period (any additional special setup or extended service fees will not be included in this calculation). PPC will not refund monthly hosting fees.
Notwithstanding the above, Perfect Pitch Concepts may terminate Services at any time, without penalty and without notice, if the Client fails to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services. Under these circumstances, no portion of the initial basic setup fee shall be refunded to the Client. Perfect Pitch Concepts may also seek legal prosecution of any violations of law or this Agreement and the Client agrees to personal jurisdiction by the Courts in the State of Georgia.
Upon notice of termination of Services by Perfect Pitch Concepts to Client via contact e-mail to Client’s Services account and contact e-mail account provided in Client’s personal information, or voluntary termination of service by Client, Perfect Pitch Concepts has the right to delete all data, files, or other information that is stored in the Client’s account for any reason.
Third Party Activities
If you authorize, assist, encourage or facilitate another person or entity to take any action related to the subject matter of this Agreement, you shall be deemed to have taken the action yourself.
If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement, and the rest of the Agreement shall remain in full force and effect.
The failure by us to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. All waivers by us must be in writing to be effective.
Successors and Assigns
This Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.
This Agreement incorporates by reference all policies and guidelines posted on the PPC Website, including all Additional Policies, and constitutes the entire agreement between you and us regarding the subject matter hereof and supersedes any and all prior or contemporaneous representation, understanding, agreement, or communication between you and us, whether written or oral, regarding such subject matter.
You understand and acknowledge that we are not certifying nor endorsing, and have no obligation to certify or endorse, any of your applications or you content.
Nothing in this Agreement is intended to or does create any type of joint venture, creditor-debtor, escrow, partnership or any employer/employee or fiduciary or franchise relationship between you and us (or any of our affiliates).