1.1 Your use of the ePitch.TV website (the "Website") and any ePitch.TV
products, channels, software, data feeds and services, including the ePitch.TV embeddable
video player (the "ePitch.TV Player") provided to you on or from or through
the Website by ePitch.TV (collectively the "Service") is subject to the
terms of a legal agreement between you and ePitch.TV. "ePitch.TV" means
Learning Valley B.V., whose principal place of business is at morsestraat 6, Ede,
1.2 Your legal agreement with ePitch.TV is made up of (A) the terms and conditions
Community Guidelines (collectively called the "Terms").
1.3 The Terms form a legally binding agreement between you and ePitch.TV in relation
to your use of the Service. It is important that you take the time to read them
1.4 The Terms apply to all users of the Service, including users who are also contributors
of Content, on the Service. "Content" includes the text, software, scripts,
graphics, photos, sounds, music, richmedia pitches, audiovisual combinations, interactive
features and other materials you may view on, access through or contribute to the
2.1 In order to use the Service, you must firstly agree to the Terms. You may not
use the Service if you do not accept the Terms.
2.2 You can accept the Terms by simply using the Service. You understand and agree
that ePitch.TV will treat your use of the Service as acceptance of the Terms from
that point onwards.
2.3 You may not use the Service and may not accept the Terms if (a) you are not
of legal age to form a binding contract with ePitch.TV, or (b) you are a person
who is either barred or otherwise legally prohibited from receiving or using the
Service under the laws of the country in which you are resident or from which you
access or use the Service.
2.4 You should print off or save a local copy of the Terms for your records.
ePitch.TV reserves the right to make changes the Terms from time to time, for example
to address changes to the law or regulatory changes or changes to functionality
offered through the Service. Therefore you must look at the Terms regularly to check
for such changes. If you do not agree to the Modified Terms you must stop using
the Service. Your continued use of the Service after the date the Modified Terms
are posted will constitute your acceptance of the Modified Terms.
4.1 In order to access some features of the Website or other elements of the Service,
you will have to use a social media account.
4.2 You must notify ePitch.TV immediately of any breach of security or unauthorised
use of your ePitch.TV connected account that you become aware of.
4.3 You agree that you will be solely responsible (to ePitch.TV, and to others)
for all activity that occurs under your ePitch.TV connected social media account.
5.1 ePitch.TV hereby grants you permission to access and use the Service, subject
to the following express conditions, and you agree that your failure to adhere to
any of these conditions shall constitute a breach of these Terms on your part:
5.2 You agree that you will comply with all of the other provisions of the Terms
and the ePitch.TV Community Guidelines at all times during your use of the Service.
5.3 ePitch.TV grants the operators of public search engines permission to use spiders
to copy materials from the site for the sole purpose of creating publicly available
searchable indices of the materials, but not caches or archives of such materials.
ePitch.TV reserves the right to revoke these exceptions either generally or in specific
5.4 ePitch.TV is constantly innovating in order to provide the best possible experience
for its users. You acknowledge and agree that the form and nature of the Service
which ePitch.TV provides may change from time to time without prior notice to you.
5.5 As part of this continuing innovation, you acknowledge and agree that ePitch.TV
may stop (permanently or temporarily) providing the Service (or any features within
the Service) to you or to users generally at ePitch.TV's sole discretion, without
prior notice to you. You may stop using the Service at any time. You do not need
to specifically inform ePitch.TV when you stop using the Service.
5.6 You agree that you are solely responsible for (and that ePitch.TV has no responsibility
to you or to any third party for) any breach of your obligations under the Terms
and for the consequences (including any loss or damage which ePitch.TV may suffer)
of any such breach.
6.1 ePitch.TV operates a clear copyright policy in relation to any Content that
is alleged to infringe the copyright of a third party.
6.2 As part of ePitch.TV's copyright policy, ePitch.TV will terminate user access
to the /Service if a user has been determined to be a repeat infringer. A repeat
infringer is a user who has been notified of infringing activity more than twice.
7.1 As a ePitch.TV user you may submit Content. You understand that whether or not
Content is published, ePitch.TV does not guarantee any confidentiality with respect
7.2 You retain all of your ownership rights in your Content, but you are required
to grant limited licence rights to ePitch.TV and other users of the Service. These
are described in paragraph 8 of these Terms (Rights you licence).
7.3 You understand and agree that you are solely responsible for your own Content
and the consequences of posting or publishing it. ePitch.TV does not endorse any
Content or any opinion, recommendation, or advice expressed therein, and ePitch.TV
expressly disclaims any and all liability in connection with Content.
7.4 You represent and warrant that you have (and will continue to have during your
use of the Service) all necessary licenses, rights, consents, and permissions which
are required to enable ePitch.TV to use your Content for the purposes of the provision
of the Service by ePitch.TV, and otherwise to use your Content in the manner contemplated
by the Service and these Terms.
7.5 You agree that your conduct on the site will comply with (and you agree that
the content of all of your Content shall comply with) the ePitch.TV Community Guidelines,
as updated from time to time.
7.6 You agree that you will not post or upload any Content which contains material
which it is unlawful for you to possess in the country in which you are resident,
or which it would be unlawful for ePitch.TV to use or possess in connection with
the provision of the Service.
7.7 You agree that Content you submit to the Service will not contain any third
party copyright material, or material that is subject to other third party proprietary
rights (including rights of privacy or rights of publicity), unless you have a formal
licence or permission from the rightful owner, or are otherwise legally entitled,
to post the material in question and to grant ePitch.TV the licence referred to
in paragraph 8.1 below.
7.8 On becoming aware of any potential violation of these Terms, ePitch.TV reserves
the right (but shall have no obligation) to decide whether Content complies with
the content requirements set out in these Terms and may remove such Content and/or
terminate a User's access for uploading Content which is in violation of these
Terms at any time, without prior notice and at its sole discretion.
7.9 You further understand and acknowledge that in using the Service, you may be
exposed to Content that is factually inaccurate, offensive, indecent, or otherwise
objectionable to you. You agree to waive, and hereby do waive, any legal or equitable
rights or remedies you have or may have against ePitch.TV with respect to any such
8.1 When you upload or post Content to ePitch.TV, you grant:
8.2 The above licenses granted by you in Content terminate when you remove or delete
your Content from the Website. The above licenses granted by you in textual comments
you submit as Content are perpetual and irrevocable, but are otherwise without prejudice
to your ownerships rights, which are retained by you as set out in paragraph 7.2
9.1 With the exception of Content submitted to the Service by you, all other Content
on the Service is either owned by or licensed to ePitch.TV, and is subject to copyright,
trade mark rights, and other intellectual property rights of ePitch.TV or ePitch.TV's
licensors. Any third party trade or service marks present on Content not uploaded
or posted by you are trade or service marks of their respective owners. Such Content
may not be downloaded, copied, reproduced, distributed, transmitted, broadcast,
displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever
without the prior written consent of ePitch.TV or, where applicable, ePitch.TV's
licensors. ePitch.TV and its licensors reserve all rights not expressly granted
in and to their Content.
10.1 The Service may include hyperlinks to other web sites that are not owned or
controlled by ePitch.TV. ePitch.TV has no control over, and assumes no responsibility
for, the content, privacy policies, or practices of any third party websites.
10.2 You acknowledge and agree that ePitch.TV is not responsible for the availability
of any such external sites or resources, and does not endorse any advertising, products
or other materials on or available from such web sites or resources.
10.3 You acknowledge and agree that ePitch.TV is not liable for any loss or damage
which may be incurred by you as a result of the availability of those external sites
or resources, or as a result of any reliance placed by you on the completeness,
accuracy or existence of any advertising, products or other materials on, or available
from, such web sites or resources.
10.4 ePitch.TV encourages you to be aware when you leave the Service and to read
11.1 The Terms will continue to apply until terminated by either you or ePitch.TV
as set out below.
11.2 If you want to terminate your legal agreement with ePitch.TV, you may do so
by (a) notifying ePitch.TV at any time and (b) closing your ePitch.TV account. Your
notice should be sent, in writing, to ePitch.TV's address which is set out at
the beginning of these Terms.
11.3 ePitch.TV may at any time terminate its legal agreement with you if:
11.4 ePitch.TV may terminate its legal agreement with you if:
and in the case of each of A and B of this clause 11.4 shall, where possible, give
reasonable notice of such termination.
11.5 When these Terms come to an end, all of the legal rights, obligations and liabilities
that you and ePitch.TV have benefited from, been subject to (or which have accrued
over time whilst the Terms have been in force) or which are expressed to continue
indefinitely, shall be unaffected by this cessation, and the provisions of paragraph
14.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
12.1 Nothing in the Terms shall affect any statutory rights that you are always
entitled to as a consumer and that you cannot contractually agree to alter or waive.
12.2 The Service is provided "as is" and ePitch.TV makes no warranty or
representation to you with respect to them.
12.3 In particular ePitch.TV does not represent or warrant to you that:
12.4 No conditions, warranties or other terms (including any implied terms as to
satisfactory quality, fitness for purpose or conformance with description) apply
to the Service except to the extent that they are expressly set out in the Terms.
13.1 Nothing in these Terms shall exclude or limit ePitch.TV's liability for
losses which may not be lawfully excluded or limited by applicable law.
13.2 Subject to the overall provision in paragraph 13.1 above ePitch.TV shall not
be liable to you for:
13.3 The limitations on ePitch.TV's liability to you in paragraph 13.2 above
shall apply whether or not ePitch.TV has been advised of or should have been aware
of the possibility of any such losses arising.
14.1 The Terms constitute the whole legal agreement between you and ePitch.TV and
govern your use of the Service and completely replace any prior agreements between
you and ePitch.TV in relation to the Service. All other terms of service that Learningvalley
Inc. and any of its subsidiaries may have in place from time to time are expressly
excluded from the Terms.
14.2 You agree that ePitch.TV may provide you with notices, including those regarding
changes to the Terms, by email, regular mail, or postings on the Service.
14.3 You agree that if ePitch.TV does not exercise or enforce any legal right or
remedy which is contained in the Terms (or which ePitch.TV has the benefit of under
any applicable law), this will not be taken to be a formal waiver of ePitch.TV's
rights and that those rights or remedies will still be available to ePitch.TV.
14.4 If any court of law, having the jurisdiction to decide on this matter, rules
that any provision of these Terms is invalid, then that provision will be removed
from the Terms without affecting the rest of the Terms. The remaining provisions
of the Terms will continue to be valid and enforceable.
14.5 You acknowledge and agree that each member of the group of companies of which
ePitch.TV is a part shall be third party beneficiaries to the Terms and that such
other companies shall be entitled to directly enforce, and rely upon, any provision
of the Terms which confers a benefit on (or rights in favour of) them. Other than
this, no other person or company shall be a third party beneficiary of the Terms.
14.6 The Terms, and your relationship with ePitch.TV under the Terms, shall be governed
by English law. You and ePitch.TV agree to submit to the exclusive jurisdiction
of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding
this, you agree that ePitch.TV shall still be allowed to apply for injunctive remedies
(or other equivalent types of urgent legal remedy) in any jurisdiction.
For live broadcasting at an eLive channel you can download the Presentations
2Go Webcaster software. Minimal requirements:
Updated: 6 November 2011