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Post Date:
29/07/2009
Hours: Full Time
Job Location:
Kent, England
Salary: 2000
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| WWW.PITCHFOLIO.COM: GENERAL USER TERMS
This agreement constitutes the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. You agree that we may modify the terms of this Agreement or the Privacy Policy, in our sole discretion, by posting amended terms to this Web Site. Your continued use of the service indicates your acceptance of the amended Terms of Service Agreement and Privacy Policy. You understand and agree that you are solely responsible for reviewing the terms of all Agreements and Policies relating to the Web Site from time to time. Any continued use of the Softwares or Services by you after such amended terms have been posted or information regarding such amendment has been sent to you, shall be deemed your consent and agreement to such amended terms.
According to the law 34/2002, of the 11th of July, concerning services of information and electronic trade with information (LSSI-CE),
we inform all clients and users of the website by means of this legal note
that the proprietor of this website is Pitchfolio.com (support@pitchfolio.com); with the
business address of: Apdo de Correos, Pilar de la Horadada, Alicante, 03190, Spain; telephone number: 0034648814599. According to the law 15/99 (Ley Organica) concerning the protection of personal data, we herewith inform you that data given to us will be saved in an electronic database, proprietor of which is the Management of Pitchfolio.com, and the sole purpose of which is to act in your interest and according to your request. This is in accordance to the law of data protection of the LORTAD (ley organica 15/1999, 13th December). According to the art. 5 of the Organic Law 15/99 of Protection of personal information, we inform the reader or the person whose information is requested of the existence of a database belonging to Pitchfolio.com, in which the personal data will be saved. By transmitting your data on Pitchfolio.com via our forms and documents, you
understand and expressly allow the communication of this information to
the Management of Pitchfolio.com, as well as the third parties that work for us on your behalf.
In accordance with the current legislation, the rights of access, rectification, cancellation and opposition can be exercised by sending an email to the person in charge of the treatment of personal data at privacy@pitchfolio.com. After sending information, one expressly authorizes the use of the same data to realize and receive periodic communications which Pitchfolio.com or its partners may send. You are entitled to exercise your rights of access, rectification, cancellation or opposition at any time by sending an e-mail to the management at privacy@pitchfolio.com. The information you provide us such as name, email, and address will only be stored in our database to provide you with the service you have requested. We guarantee that we will not, without your explicit consent, distribute this personal information to other commercial partners. We also guarantee that personal details and information about your patterns of usage will not be forwarded to other parties by the Management of Pitchfolio.com unless specifically requested by a law enforcement agency. The information will not be kept any longer than necessary for us to deliver the services requested by you. You are free to delete yourself as a user at any time you may wish to do so.
1.These User Terms A.In accordance with the following user terms ('User Terms'), www.pitchfolio.com grants to you as an authorised user ('you') of this pitchfolio.com web site ('Web Site') certain rights (as set out below) and in return you agree to perform certain obligations. B.Please read these User Terms carefully. They are a legal document and, by your continued use of the Web Site, you agree to be bound by these User Terms. C.These User Terms should be read in conjunction with www.pitchfolio.com's privacy policy. . If you are advertising any goods and/or services on our Web Site via the internet, you should read our Advertising Terms & Conditions below. D.If you do not agree with these User Terms and do not wish to be bound by them, please exit this Web Site and do not use the Web Site in the future. 2.Licence to Use Material on the Web Site A.www.pitchfolio.com grants to you a personal, non-exclusive, non-transferable, royalty-free licence to use all the material on the Web Site (including but not limited to: documentation, text, pictures, sounds, graphics, articles, video or audio clips, and advertising material) ('www.pitchfolio.com Material') on the basis set out in Clause 2B. B.You are entitled to view, copy, print, access, download and transmit (for the purposes expressly permitted in these User Terms) and store the www.pitchfolio.com Material for your own personal, non-commercial use provided that you do not: I.remove any notices relating to the ownership of copyright or other intellectual property rights in the www.pitchfolio.com Material; II.modify, translate, reverse engineer, reproduce, decompile, disassemble (except as expressly permitted by law) or create derivative works of any of the www.pitchfolio.com Material; III.rent, lease, sub-licence, loan, copy or give or transfer any rights in the www.pitchfolio.com Material in any form, to any person or entity without the prior written consent of www.pitchfolio.com C.Any product, process or technology referred to in the www.pitchfolio.com Material may be subject to other intellectual property rights and are not made available hereunder. 3.Ownership of Intellectual Property Rights A.Notwithstanding the limited rights granted to you in accordance with Clause 2, www.pitchfolio.com retains all ownership, title and interest in the intellectual property rights contained in the www.pitchfolio.com Material including but not limited to copyright, database rights, trade marks, patents, service marks, design rights (whether registerable or otherwise) know-how, trade or business names, domain names, goodwill associated with any of the foregoing and other similar rights or obligations whether registerable or not in any jurisdiction in the world. B.www.pitchfolio.com and the pitchfolio.com logo, as well as all other product names and company logos mentioned in the information, documents or other items provided or available herein may be the trademarks of their respective owners. 4.Duration of User Terms and Termination A.These User Terms are binding upon you immediately. You accept them by your use of this Web Site, and they will remain in force until the earlier of the following: I.you breach any of the terms of the licence granted to you in accordance with Clause 2; II.www.pitchfolio.com terminates these User Terms by notice to you at any time in accordance with Clause 9B; or III.you terminate these User Terms by notice to www.pitchfolio.com at any time in accordance with Clause 9A. B.In the event that these User Terms are terminated for any of the reasons stated above, you agree to comply with the following obligations: I.the licence granted to you in accordance with Clause 2 shall be terminated forthwith and you shall have no further rights to use the www.pitchfolio.com Material; II.you must delete or destroy any of the www.pitchfolio.com Material stored by you in electronic or hard copy form as soon as reasonably practicable; and III.you will have no further rights to access or use the Web Site or any of the services provided on the Web Site. 5.www.pitchfolio.com's Responsibilities A.www.pitchfolio.com undertakes to use commercially reasonable endeavours provided by the server supplier to prevent breaches of security of the Web Site. B.The Web Site is provided by www.pitchfolio.com on an "as is" and "as and when available" basis to you. You use the Web Site at your own risk. C.www.pitchfolio.com makes no representation or warranty that the Web Site or services offered via the Web Site will be accessible, or useable by you or error free. www.pitchfolio.com uses reasonable efforts to include accurate and up-to-date information on the Web Site. The information, documents or other items provided or available on this Web Site could include technical inaccuracies or typographical errors. www.pitchfolio.com makes no warranties or representations as to its truthfulness or accuracy. www.pitchfolio.com assumes no liability or responsibility for any errors or omissions in the content on the Web Site. Www.pitchfolio.com is not an agent for and does not represent those persons, companies and other organisations whose goods, services or job vacancies may be displayed or referred to on the Web Site. E.The advertisements placed on the Web Site by you or any other third party do not constitute any part of an offer or contract. Www.pitchfolio.com is not responsible for the content of the advertisements shown on the Web Site, and makes no warranty or representation that the items advertised for sale via the Web Site are offered: (i) free of encumbrance, charge or any other unexpired right in the item; or (ii) that such advertising is a statement or representation of fact. You should carry out any checks or searches that may reveal faults in the title or suitability of the item for your own purposes and receive independent advice before you purchase such item. Www.pitchfolio.com is not responsible for the content of the job advertisements shown on the Web Site, and makes no warranty or representation that the job vacancies advertised on the Web Site are offered: (i) free of encumbrance, charge or any other unexpired right in the vacancy; or (ii) that such advertising is a statement or representation of fact. You should carry out any checks or searches that may reveal faults in the title or suitability of the job description for your own purposes and receive independent advice before you apply for a job. F.www.pitchfolio.com reserves the right, without notice to you, to remove any Material from the Web Site or to suspend or alter the operation of the Web Site or any of the services on the Web Site, at its sole discretion or for legal or technical reasons. www.pitchfolio.com will give you as much notice as possible prior to taking any of the actions described in this Clause, but prior notice may not always be feasible for a variety of reasons. www.pitchfolio.com may make improvements and/or changes to the information or documents provided or available on this Web Site at any time. G.www.pitchfolio.com may make available to you information based on the opinion of www.pitchfolio.com or on the opinion of an affiliate of www.pitchfolio.com. You should not rely upon any such opinion as a recommendation by www.pitchfolio.com of the goods or services available on the Web Site. Professional advice should be sought before purchasing any item on the Web Site or before entering into any legally binding agreement. 6.Your Responsibilities A.You agree that you are responsible for the security and use of any user names or passwords needed to access or use the Web Site or any of the services on the Web Site. You must take all reasonable steps to ensure that these user names and passwords are kept confidential and secure and you do not allow any unauthorised person to access the Web Site or any of the services on the Web Site using your user name or password. B.You agree that you will not use the Web Site or any of the services on the Web Site as follows: I.to send, receive, upload, download, store, use, distribute or publish any material that is offensive, abusive, indecent, defamatory, obscene, or in breach of any other person's Intellectual Property Rights or breaches any obligation of confidentiality by which you are bound; II.to send or distribute multiple unsolicited emails or messages (i.e. 'spam') or to cause any other person annoyance, inconvenience or worry; III.for any purposes connected to any business, including sending any unsolicited advertisements or promotional material. C.You agree to indemnify www.pitchfolio.com against any claims, costs, expenses or legal proceedings caused as a result of your use of the Web Site or the services on the Web Site. D. You should remember that as with most internet communities and membership networks, the personal data and details which you submit and publish on your personal profiles, advertisements, and through internal communication channels of the Web Site, can be read by, and are accessible to, other members and at times the general public. Therefore, these personal data and details could be extracted and/or used by other members and/or members of the general public at any time. Www.pitchfolio.com does not monitor profiles or track Web Site usage at all times. E.If it is deemed that your use of the Web Site been in contravention of these User Terms and therefore a material breach of these User Terms, we reserve the right to terminate the User Terms and any access permission granted to you by www.pitchfolio.com forthwith, without notice to you. 7.Disclaimers A.www.pitchfolio.com has used its discretion, best judgement and all reasonable efforts in collecting and preparing the information, documents (including copy, graphics, pictures, etc.) or other items provided or available on this Web Site, but any such information, document or other item is provided or available without any warranty of any kind, either expressed or implied, including, but not limited to, warranties of completeness, accuracy, fitness for a particular purpose, or non-infringement of any intellectual property rights. www.pitchfolio.com hereby disclaims any liability to any person for any kind of loss or damage including, but not limited to, any special, incidental, indirect or consequential damages caused by errors or omissions in the information, documents or other items provided or available herein, whether such errors or omissions result from negligence, accident or any other cause. B.Your use and browsing of the Web Site is at your risk. Neither www.pitchfolio.com nor any other party involved in creating, producing, or delivering the Web Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Web Site. Www.pitchfolio.com does not monitor the Social Network, Classified Ads or Job Search applications on the Web Site. If you feel that another user represents a threat to you, you should report the matter by email to support@pitchfolio.com. Www.pitchfolio.com reserves the right to delete a user´s membership of the Web Site, or to ban a user from the Web Site, for any reason and without any prior notice. We may reject or require changes to any user profile so as to comply with legal or moral obligations. C.When accessing and using the job and social networks on www.pitchfolio.com, i) you must not publish any material (including text and images) which breaches any contract, infringes the copyright, trademark or other right of any third party or is libellous of any person; ii) you must ensure that all licences and consents from third parties necessary for the publication of any material have been obtained and paid for, including consent from living persons identified in copy or pictures (photographic or otherwise); iii) you must not publish any material which unlawfully discriminates on grounds of age, sex, race or religion; iv) you must not publish any material which promotes or condones illegal goods and/or services; v) in respect of an advertisement in a regulated field (including financial advertisements such as insurance), you must ensure that the contents have been approved by, or the advertiser is, an authorised person within the relevant Legal act in Spanish Law, as may be amended or replaced, or the advertisement is otherwise permitted under that Act. D.Whilst www.pitchfolio.com has used all reasonable efforts in maintaining this Web Site virus free, it declines any liability for personal or property damage, especially direct, indirect, immediate or subsequent pecuniary loss, which may result from transmission or downloading of computer viruses. Especially excluded is liability for hardware damage, loss of data, alteration of data, or downtime. E.This Web Site may contain links or references to third party materials and web sites that are controlled and operated by parties other than www.pitchfolio.com. This Web Site may advertise, publish, contain or feature: (i) advertisements designed and supplied by third parties and/or advertisements featuring third parties, (ii) links to websites operated by third parties, and (iii) software applications designed by third parties. Some of these websites and software applications may be branded with the name and logo of www.pitchfolio.com, Pitchfolio, or Pitchfolio.com, but in most cases are produced, designed and maintained by third parties. Neither www.pitchfolio.com nor any of our subsidiaries can accept any responsibility whatsoever for the content or usage of third party advertisements, websites, and/or software applications, including their use of cookies, even if they are branded with the name and logo of www.pitchfolio.com, Pitchfolio, or Pitchfolio.com. Some links featured on the Web Site will let you leave the Web Site and www.pitchfolio.com is not responsible for any contents of third party materials, any linked site or any link contained in a linked site. The inclusion of any reference or link on the Web Site does not imply endorsement, publication, permission or authorisation by www.pitchfolio.com of the linked site. If you decide to access linked third party web sites or materials, you do so entirely at your own risk. Www.pitchfolio.com is providing these links and references as a convenience. You should read the applicable user terms and privacy policy of the linked third party web site before entering into an agreement with or purchasing from the third party, linked to the Web Site. F.www.pitchfolio.com is not and will not be a party to, or responsible for, any transaction concerning job vacancies or items advertised for sale on the Web Site. All agreements are entered into by you and the third party advertiser and/or third party providing the goods and/or services and/or vacancies only. G.The express terms of these User Terms are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law. 8.Notices A.You may send a legal notice to www.pitchfolio.com, or any questions you may have concerning these User Terms by e-mail to support@pitchfolio.com. Such notices will be effective within 14 days of receipt by www.pitchfolio.com. B.www.pitchfolio.com may send you notice by general notice on this Web Site, by email to your email address on record with www.pitchfolio.com, or by post to the geographical address on record with www.pitchfolio.com. Such notice will be effective if sent by email or posted on the Web Site, 1 day from the date it was sent or posted on the Web Site. If sent by regular post, it will be effective 3 days after posting by www.pitchfolio.com. 9.General A.www.pitchfolio.com reserves the right to add to or change the terms of these User Terms in its sole discretion without your prior consent. All changes to the User Terms will be effective once posted on the Web Site. www.pitchfolio.com will provide notice on the Web Site of any changes to the User Terms for 30 days after www.pitchfolio.com has posted the amended User Terms on the Web Site. Your continued use of the Web Site or any of www.pitchfolio.com's services available on the Web Site following www.pitchfolio.com's posting of such changes will be regarded by www.pitchfolio.com as acceptance of the amended User Terms. If you do not agree to be bound by the amended User Terms you should exit the Web Site and not access or use any of www.pitchfolio.com's services on the Web Site in the future. B.No variation or amendment to these User Terms by you is valid unless otherwise agreed by www.pitchfolio.com in writing and signed by a duly authorised representative of www.pitchfolio.com and you. C.If any part of these User Terms are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these User Terms will not be affected. D.Your use of the internet is solely at your risk and subject to all applicable laws, and www.pitchfolio.com has no responsibility for any information, software, services or other materials accessed or obtained by you using the internet. www.pitchfolio.com does not assume any liability for timely, trouble-free and uninterrupted access to the internet. E.These User Terms do not affect any consumer rights that you may have under the provisions of any applicable law or regulation. F.These User Terms shall be governed by the laws of Spain, and subject to the non-exclusive jurisdiction of the Spanish Courts. Www.pitchfolio.com makes no representation that any information, materials or functions included are appropriate for use in any other jurisdiction. If you access the Web Site you do so on your own initiative and are responsible for compliance with applicable local laws and regulations. Terms and Conditions for placing classified ads on www.pitchfolio.com 1.The Free Job Vacancy Listing Launch Offer applies to all job vacancies advertised until December 31st 2009 at 11.59pm EST. Www.pitchfolio.com reserves the right to alter or cancel the offer at any time without having to provide a relevant explanation. 2.Only one item may be advertised in each ad (or where multiple items are sold as one offer; e.g. a stamp collection, or a furniture set). 3.Advertisements will appear on the site immediately after they are received and processed, and will stay on the site for the applicable time period. 4.If you register, you may return to your ad at any time in order to amend some of the content. If you wish the cancel or delete an advertisement, there will be no refund if prior payment has occurred. If your ad has expired and you wish to renew it, this can be done without having to re-submit the text - but you will need to pay again. 5.For the purposes of the prevention or detection of offences, and/or the apprehension or prosecution of offenders, we may share any of the information that we collect with the Police, other public or private sector agencies or representative bodies in accordance with the relevant legislation. This will include public authorities, insurance companies, finance companies, automotive advertising companies and/or other agencies. Information shared in this way will not be used for marketing purposes. Conditions of acceptance of advertisements for www.pitchfolio.com 1. The following conditions apply to the placing of an order for insertion of job advertisements and other company advertisements in printed or electronic publications of www.pitchfolio.com and Pitchfolio. Each order will form a separate agreement and Spanish law will apply. Any change to these conditions must be agreed by us in writing (which means by exchange of letter, fax or email). An “advertiser” means any person or organisation placing an advertisement on their own account or on behalf of another. 2. The advertiser confirms that the advertisement complies with all applicable legislation, regulations and codes of practice, including the relevant code of Advertising Practice. We may reject or require changes to any advertisement so as to comply with legal or moral obligations placed on us or the advertiser; to avoid infringing the rights of a third party or any relevant code of practice; or to meet our production and quality specifications. 3. The advertiser further confirms that: i) the publication of the advertisement will not breach any contract, infringe the copyright, trademark or other right of any third party and is not libellous of any person; ii) all licences and consents from third parties necessary for the publication of the advertisement have been obtained and paid for, including consent from living persons identified in copy or pictures (photographic or otherwise); iii) the advertisement does not unlawfully discriminate on grounds of age, sex, race or religion; iv) the advertisement is not promoting illegal goods and/or services; v) in respect of an advertisement in a regulated field (including financial advertisements such as insurance), the contents have been approved by, or the advertiser is, an authorised person within the relevant Legal act in Spanish Law, as may be amended or replaced, or the advertisement is otherwise permitted under that Act; vi) in respect of credit or hire advertisements, the contents comply with all regulations as written within the relevant Legal act in Spanish law, as may be amended or replaced. 4. An advertiser using a third party service provider shall be solely responsible for ensuring the accuracy of copy and the timeliness of its delivery. 5. All advertisements must be paid for in full at the time of booking unless credit has been agreed, or unless the advertisement is posted as part of a special offer. The price shall be the amount fixed by our published rate card on the date of acceptance of the order plus IVA where applicable. For non-credit advertisers, we will cancel publication of an advertisement that has not been paid for on time. For credit advertisers, interest will be charged on late payments at the rate of 5% above the Euribor’s base lending rate from the date payment is due together with the administration costs of collecting an overdue debt. 6. By placing an order with us, an advertising agency confirms that it contracts as principal with full authority from its client in all matters connected with the order and is responsible for all payments due. We will only accept advertisements from advertising agencies if they are recognised by us. 7. We will try to give notice of increases, but we reserve the right to change our advertising rates at any time. This will not affect any fixed-term agreement for a series of advertisements. Where possible, 28 days notice will be given in respect of increases for advertisements booked ‘until cancelled’. 8. When you pay for your advertisement, in most cases it will be posted on www.pitchfolio.com immediately, and shall be active on the www.pitchfolio.com internet site for the number of days previously stated in the advert registration. By pushing the button or signing the relevant contract, you also accept the price of the ad. Once the advertisement has appeared on the internet, it will be deemed as being viewable by the general public. Once this has occurred, www.pitchfolio.com will not accept any refund requests for any reason. Private advertisers have rights of cancellation before publication under distance selling regulations, but no refund shall be available after any relevant cancellation deadline unless cancellation is due to our negligence, and no refund shall be available after publication. Cancellations will only be accepted if notified directly in writing to www.pitchfolio.com, by sending an email to support@pitchfolio.com. In the event that an error occurs in the publication of your advertisement please send an email to support@pitchfolio.com. Refunds will be given at the discretion of the company management. 9. We will try to satisfy an advertiser’s request regarding the positioning of an advertisement, but no guarantee of position can be given unless agreed by us and paid for at the applicable premium rate. 10. We are not liable for any error, misprint or non-appearance of an advertisement unless caused by our negligence, in which case the advertiser will be entitled to a re-publication or proportionate refund. The advertiser is solely responsible for checking the advertisement and ordering correction where necessary. Except where we have been negligent, we shall not be liable for the repetition of an error which is not notified to us in time for correction. Nor are we liable for an error or misprint that, in our reasonable opinion, does not materially detract from the advertisement. We shall not be liable in any case for losses relating to any business or public fund-raising of the advertiser, such as lost customers, revenue or profit. 11. Advertisements are accepted on condition that we have the right to publish and distribute them in all editions in any form or medium, including online and digital facsimile. The copyright in work or material we contribute to or re-work for an advertisement belongs to us. We will dispose of advertiser’s copy, artwork, photographs or other materials after six months unless collected. 12. We shall not be liable if our publishing activities are restricted or prevented by any law, act or event beyond our reasonable control (including, for example, industrial dispute). In such case, the advertiser shall accept publication when available or otherwise may cancel the order by written notice and pay only for work done and materials used. 13. We will use the advertiser’s personal details for internal administration and reserve the right to share financial details with credit reference agencies (who will share the information with other businesses for credit reference purposes). Unless the advertiser tells us not to in writing at any time by sending an email to support@pitchfolio.com, we may also share such details with other companies or with carefully selected third parties, who may send information about goods and services. 14. The advertiser will be liable to pay us for all our costs, losses, expenses and damages of any kind (including legal costs) suffered or incurred by us as a result of legal claims or actions, actual or threatened, arising from the advertiser’s breach of these conditions or the publication of the advertisement, unless caused by our own negligent act or failure. 15. We may cancel the order at any time if the advertiser breaches these conditions and the breach is not capable of remedy or it continues for seven days after we have given written notice of it, or if we reasonably believe the advertiser is unable to pay its debts or the advertiser goes or threatens to go out of business. 16. Any advertisements placed with an Advertising Agency representing Pitchfolio.com may have other applicable Terms and Conditions. In these cases, the Terms and Conditions published by the Advertising Agency will replace these Advertiser Terms and Conditions. | |
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