Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by PitchAndRudder.com, acceptance is expressly limited to these terms.
The Website is not directed to children younger than 13, and service on the Website is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use the Website. Any person who registers as a user or provides their personal information to the Website represents that they are 13 years of age or older.
- Your PitchAndRudder.com Account and Site. If you create an account on the Website, you are fully responsible for all activities that occur under the account and any other actions taken in connection with the it. PitchAndRudder.com may change or remove any user created content that it considers inappropriate or unlawful, or otherwise likely to cause liability to PitchAndRudder.com. You must immediately notify the site admin of any unauthorized uses of your account, or any other breaches of security. PitchAndRudder.com, and it’s owners, will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Payment and Renewal.
- General Terms.
Optional paid services are available on the Website. By selecting an Upgrade you agree to pay PitchAndRudder.com the one-time, monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable unless otherwise specified directly by Pitch And Rudder.
- Automatic Renewal.
Unless you notify PitchAndRudder.com before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your account settings panel, or by emailing site administration directly through the contact information provided on PitchAndRudder.com.
- General Terms.
- Responsibility of Website Visitors. PitchAndRudder.com has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Pitch And Rudder does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Pitch And Rudder disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Copyright Infringement and DMCA Policy. As PitchAndRudder.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by PitchAndRudder.com violates your copyright, you are encouraged to notify PitchAndRudder.com in accordance with PitchAndRudder.com’s Digital Millennium Copyright Act (“DMCA”) Policy. Pitch And Rudder will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. PitchAndRudder.com will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of PitchAndRudder.com or others. In the case of such termination, Pitch And Rudder will have no obligation to provide a refund of any amounts previously paid to by the user.
- Intellectual Property. This Agreement does not transfer from PitchAndRudder.com to you any Pitch And Rudder or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Pitch And Rudder. Pitch And Rudder, PitchAndRudder.com, the PitchAndRudder.com logo, and all other trademarks, service marks, graphics and logos used in connection with PitchAndRudder.com, or the Website are trademarks or registered trademarks of Pitch And Rudder or it’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any PitchAndRudder.com or third-party trademarks.
- Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will give reasonable notice, by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using PitchAndRudder.com within the designated notice period. Your continued use of PitchAndRudder.com will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
- Termination. Pitch And Rudder may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your PitchAndRudder.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Pitch And Rudder and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Pitch And Rudder nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Pitch And Rudder, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Pitch And Rudder under this agreement during the twelve (12) month period prior to the cause of action. Pitch And Rudder shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Pitch And Rudder, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Translation. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
- Custom Orders. Any artwork made by Pitch and Rudder is owned by Pitch and Rudder. If you commission a custom order we retain our copyright to our custom files as we have design elements that are copyrighted and we license them to you for use on our final product. You can not use our custom designed logos, icons, art made by Pitch and Rudder for any other use unless explicitly expressed in signed authorization release by an authorized representative of Pitch and Rudder (PDF or printed letter). Mainly we design something unique you can’t just pay a design deposit and run off with the files or assume copyright over our custom artwork. These only pertain to our designs and not preexisting logos, emblems, and their respective owners. You can take your pre-design original artwork supplied by you to use as you wish. We are a not a design studio and while we do graphic design we make our profit by the products we affix the final artwork to. Basically don’t expect free design work to use as you will because it is not cool.
- We assume you hold the copyright/trademark or obtained the rights to any files you provide us. If a copyright/trademark infringement lawsuit arises from the use of a copyright/trademark protected item provided by you for use in your product, you agree to indemnify Pitch and Rudder for any litigation-related expenses and/or damages brought against Pitch and Rudder.
- All Sales are final – If you notify us of a defective product or missing shipping within 30 days we will replace or assist in a shipping claim depending on the situation. Our Sales and return policy is located on our Refund and Returns Policy
- Please review all design proofs carefully. We are not responsible for any errors after the product is made if it is on the design proof.
- Please plan accordingly when making a custom order and allot more time that you think you will need to complete it. Turn around time varies depending on the time of the year and volume of requests. Please ask before we begin the process what our turn around time is currently at. But please be aware that we can not anticipate delays with shipping, customs, factory down time and other things beyond our control. We will do everything in our power to get items to you.
- Miscellaneous. This Agreement constitutes the entire agreement between Pitch And Rudder and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Pitch And Rudder, or by the posting by Pitch And Rudder of a revised version. Except to the extent applicable by law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Oklahoma, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Moore, Oklahoma. The arbitration shall take place in Moore, Oklahoma, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Pitch And Rudder may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.