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Pitch Room Rules

 

  • The Pitch Room Rules are binding

    • These Rules (together with any of the documents expressly referred to in them, including the Privacy Policy www.thesmalls.com/privacy-policy) provide information about Pitch Room and the legal terms and conditions under which Briefs may be posted and Pitches may be submitted.  

    • These Rules apply to all Briefs and Pitches and set out the legally binding terms for your use of Pitch Room and you agree to be bound by them.  Please read these Rules carefully and make sure that you understand them before posting a Brief or submitting a Pitch.  By submitting a Pitch you are indicating that you agree to be bound by these Rules.  

    • If you refuse to accept these Rules, you will not be able to submit a Pitch.  You should print a copy of these Rules or save them for future reference.

    • We may modify these Rules from time to time and such modification will be effective as soon as we have posted it on the Website. You agree to be bound by any changes to these Rules upon your use of the Services after any such modification is posted.  It is your responsibility to review these Rules regularly to ensure that you are aware of the latest terms and conditions.  Every time you wish to post a Brief or submit a Pitch, please check these Rules to ensure you understand the terms which will apply at that time.  

  • Definitions

In these Rules the following words and expressions have the following meanings:

Brief

a brief (including all Content) with details of the relevant project that has been posted on Pitch Room by a Patron.

Content

text, files, images, photographs, video, sounds, musical works, works of authorship or any other materials.

Members

Pro Members and Smalls Members.

Patron

a brand that is a Member of THE SMALLS and that is entitled to post a Brief.

Patron Contract

the contract between THE SMALLS and a Patron in relation to Briefs and other relevant matters.

Pitch

a pitch (including all Content) submitted by Members including any trade marks, trade names, service marks, logos, designs and other proprietary marks.

Privacy Policy

our privacy policy set out at www.thesmalls.com/privacy-policy.

Pro Member

a person who has registered with Pitch Room as a Pro Member.

Prohibited Content

such Content as set out in the Prohibited Content Policy.

Prohibited Content Policy

our policy, in which we set out which Content is not allowed to be included in Pitches, set out at www.thesmalls.com/privacy-policy.

Rules

the Pitch Room terms and conditions and the Privacy Policy.

Services

any features, content or applications offered from time to in connection with Pitch Room.

Smalls Member

a person who has registered with THE SMALLS and who is not a Pro Member.

THE SMALLS, we or us

The Smalls Limited, incorporated in the United Kingdom with registered number 05968558 with its registered address at 30 City Road, London, EC1Y 2AB, with its main trading address at 49 Neal Street, London WC2H 9PZ and with VAT number 945 3039 22.

THE SMALLS Content

everything on the Website, except for any part of a Brief and any part of a Pitch, and includes, without limitation, the software, text, graphics, photographs, sounds, music, videos, interactive Content and the trade marks, service marks, confidential information and logos contained therein.

User

a Member or a Patron.

User Comments

any comments made by a User in relation to a Brief.

Website

www.thesmall.com.

  • Information about Pitch Room

    • Pitch Room and the Website are managed by THE SMALLS.  THE SMALLS controls THE SMALLS Content.

    • The Briefs are posted on the Website by various Patrons.  THE SMALLS plays a role in managing the selection process but, in the case of each Brief, the winner is selected by the Patron in question.

    • To contact us, please email us at info@thesmalls.com.

  • How we use your personal information

We use your personal information only in accordance with the Privacy Policy.  For details, please use this link www.thesmalls.com/privacy-policy.  Please take the time to read it, as it includes important terms which apply to you.

  • How Pitch Room works

    • Pitch Room allows brands to share Briefs with creative talent.  Patrons will post Briefs on the Website.  Certain Briefs will be made available to Pro Members while certain Briefs will be made available to both Smalls Members and Pro Members.

    • If they are interested, Members must submit a Pitch in response to a Brief by the submission date.  Each Brief will state clearly the date by when Pitches must be submitted.  All other relevant details will be provided as well.  The Pitch must comply with the requirements set out in the Brief.

    • Members and Patrons must comply, at all times, with these Rules and the Website terms and conditions.

    • THE SMALLS will assist Patrons to select a shortlist of Members in relation to each Brief.  The Patron in question will select the winning Pitch from the shortlist.  Such selection will take place after the closing date for the Brief in question.  Members acknowledge that Patrons may not have sight of every Pitch (although every Pitch will be considered and assessed by THE SMALLS).  

    • Any Pitch received after the submission date referred to in the Brief will not be opened or considered.  THE SMALLS may, however, in our own absolute discretion extend a submission date and, in those circumstances, THE SMALLS will notify all Members of any change.

    • If you intend to submit a Pitch, you must carry out your own research and due diligence enquiries, and rely only on your own enquiries and judgement in relation to the Brief, including the preparation of your Brief.  

    • None of these Rules, the posting of a Brief or any of the information presented in these Rules or in any Brief, should be regarded as a commitment or representation on the part of THE SMALLS or a Patron (or any other person) to enter into a contractual arrangement.

    • Any attempt by Members or their advisors to influence the Brief selection process in any way may result in the Member being disqualified. In particular, Members must not directly or indirectly, at any time:

      • enter into any agreement or arrangement with any other person as to the form or content of any other Pitch, or offer to pay any sum of money or valuable consideration to any person to effect changes to the form or content of any other Pitch;

      • enter into any agreement or arrangement with any other person that has the effect of prohibiting or excluding that person from submitting a Pitch;

      • canvass THE SMALLS or a Patron or any employees or agents of THE SMALLS or a Patron in relation to a Brief; or

      • attempt to obtain information from any of the employees or agents of THE SMALLS or a Patron or their advisors concerning a Brief or another Member or Pitch.

    • Members are responsible for ensuring that no conflicts of interest exist between the Member and its advisors, THE SMALLS and our advisors, and the Patron responsible for the Brief in question and its advisors. Any Member who fails to comply with this requirement may be disqualified from the selection process at the discretion of THE SMALLS.

    • THE SMALLS may use the information included in a Pitch for any reasonable purpose connected with the Brief in question. In particular, once a Pitch has been excluded, THE SMALLS reserves the right to use, or allow a Patron to use, any ideas contained in that Pitch in any ongoing discussions with other Members but undertakes not to reveal the identity of the provider of those ideas.

    • THE SMALLS reserves the right to:

      • waive or change the requirements of the Brief or the selection process from time to time without prior (or any) notice being given by THE SMALLS;

      • seek clarification or documents in respect of a Member's Pitch;

      • disqualify any Member that does not submit a Pitch in compliance with the instructions in the Brief or that fails to comply with these Rules;

      • disqualify any Member that is guilty of serious misrepresentation in relation to its Pitch or the Brief process. Any Member who directly or indirectly canvasses any employee of THE SMALLS or a Patron concerning the award of the Brief will be disqualified. THE SMALLS may exclude any Members from the Brief process who have been found to be in breach of these Rules or intellectual property rights and may pursue any remedy or take any other action for breach as it considers appropriate;

      • withdraw a Brief at any time, or to re-invite Pitches on the same or any alternative basis;

      • choose not to award a Brief to any Member; and

      • make whatever changes it sees fit to the Brief process timetable or the structure or content of the Brief process, depending on approvals processes or for any other reason.

  • The winning Pitch

    • If your Pitch is selected by the Patron as the winning Pitch, you authorise us to provide your personal details to the Patron to enable the Patron to contact you and discuss the terms of use of the contents of the Pitch and other related matters.  Winners’ (i.e. key contributors’) names and their country of residence will be posted on the Website alongside their winning Pitches, and you hereby authorise us to do so.  

    • Members and Patrons acknowledge and agree that the role of THE SMALLS in such negotiations will be solely that of an intermediary. We will receive an annual fee from Patrons which is unrelated to any individual Brief or Pitch or selection process.  Members and Patrons acknowledge and agree that we will not in any way whatsoever have any role in the negotiations between Members and Patrons or be liable for any such negotiations, whether or not they progress into a contractual relationship.  Members and Patrons further acknowledge and agree that we will not in any way whatsoever have any role in or be liable for any contract entered into between any Member and any Patron or for any loss incurred or damaged suffered as a result of the contractual relationship between any Member and any Patron.

    • We are not in a position to advise you on the merits of any offer made to a Member by a Patron and recommend that you seek independent professional advice in this context.

  • The Website

    • THE SMALLS Content is owned or licensed by THE SMALLS.

    • You must not:

      • circumvent, disable or otherwise interfere with security related features of the Website;

      • modify the Website, other than as may be reasonably necessary, to use the Website to post Briefs or submit Pitches;

      • collect or harvest any personally identifiable information from the Website or any Brief or Pitch before, during or after any Brief process; or

      • use the communication systems provided by the Website for any commercial solicitation purposes.

    • Unauthorised use of the Website or any Brief or Pitch may give rise to a claim for damages and/or be a criminal offence.

  • Responsibility for Briefs and Pitches

    • Patrons are solely responsible for their Briefs.

    • Members are solely responsible for their Pitches.

    • THE SMALLS will not have any ownership rights in any of the Briefs (whether in whole or in part) posted on the Website.  THE SMALLS will not have any ownership rights in any Pitch submitted on the Website.  Members are free to use their Pitches after the selection process for the Brief in question has been completed, provided that Members comply with these Rules.

    • By posting any Brief on the Website or through the Services, Patrons grant Members a non-exclusive, worldwide, royalty-free licence to use the intellectual property that is the subject of the project in question for the purpose of submitting a Pitch.  The licence granted under this clause 8.4 will terminate on the submission date of the Brief in question.

    • By submitting any Pitch on the Website or through the Services, Members grant THE SMALLS a non-exclusive, irrevocable, perpetual, worldwide, transferable, sub-licensable and royalty-free licence to use, edit, modify, translate, publicly perform, publicly display, reproduce, exhibit and distribute or otherwise make available an unlimited number of times, such Pitches and adaptations thereof on and through any media formats now known or developed in the future and any media channels (including, without limitation, the Services).  Ownership of the Pitch is retained by the Member (unless a Member’s Pitch is selected as the winning Pitch and that Member transfer ownership of the Pitch in its negotiations with the Patron in question).

    • Members also grant THE SMALLS and the relevant Patron a non-exclusive licence to access their Pitches through the Website for the purposes of assessing, selecting and reviewing Pitches to select a winning Pitch.

  • Patron-specific provisions

    • If you are a Patron you represent and warrant that in respect of each Brief posted:

      • you own, or have the necessary licences, rights, consents and permissions to use any third party intellectual property rights including, but not limited to, trade marks, copyright, confidential information and patents in the Content used in your Brief;

      • you have the written consent, release, and/or permission of each and every identifiable individual person in the Brief to use the name or likeness of each and every such person;

      • the consents referred to at clauses 9.1.1 and 9.1.2 permit you to post your Brief in the manner contemplated by the Website;

      • the Brief will not infringe the intellectual property rights or right of privacy of any third party;

      • you will respect and keep secure the personal information of the successful Member (to the extent received) and comply with the Data Protection Act 1998 (DPA) and other relevant data protection legislation; and

      • you will enter into a contract with the successful Member on terms that are reasonable.

    • You acknowledge and agree that you are posting Briefs and assessing and considering Pitches at your own risk.

  • Member-specific provisions

    • If you are a Member you represent and warrant that in respect of each Pitch submitted:

      • you own, or have the necessary licences, rights, consents and permissions to use any third party intellectual property rights including, but not limited to, trade marks, copyright, confidential information and patents in the Content used in your Pitch;

      • you have the written consent release and/or permission of each and every identifiable individual person in the Pitch to use the name or likeness of each and every such person;

      • the consents referred to at clauses 10.1.1 and 10.1.2 permit you to submit your Pitch in the manner contemplated by the Website;  

      • the Pitch will not infringe the intellectual property rights or right of privacy of any third party; and

      • the information that you provide in the Pitch is accurate and not misleading, false or fraudulent.

    • You acknowledge and agree that you are considering Briefs and submitting Pitches at your own risk.

  • Breaches of the Prohibited Content Policy

    • Briefs and Pitches must not be defamatory, hateful, offensive or discriminatory and must not contain Prohibited Content.

    • It is a condition of these Rules that a User will not breach the Prohibited Content policy set out at www.thesmalls.com/privacy-policy.

    • THE SMALLS reserves the right to investigate and take appropriate action against anyone who, in our opinion, is in breach of these Rules and, in particular, provides Prohibited Content.  Such action includes, but is not limited to, reporting the Prohibited Content and your details to the appropriate law enforcement agencies, removing the Prohibited Content from the Website and suspending or terminating your membership.

    • THE SMALLS may, in our sole discretion, reject, refuse to post or remove any Content or posting made by you.

  • Suspension and termination

THE SMALLS may, in our sole discretion, restrict, suspend, deactivate or terminate access to the Website or to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.

  • Acknowledgements by Users

You acknowledge and agree that:

    • use of the Website and the Services and participation in any selection process will be at your sole risk;

    • we do not endorse and have no control over Pitches, Briefs or any User Comments thereon. The Pitches, Briefs and User Comments are not necessarily reviewed by THE SMALLS prior to submission or posting and do not reflect the opinions or policies of THE SMALLS.  THE SMALLS makes no warranties, express or implied, as to the User Comments, the Content in the Pitches or Briefs or to their accuracy or reliability;

    • while we will seek to remove any Prohibited Content as soon as we are made aware of it, Briefs, Pitches and/or User Comments may be inaccurate, offensive, indecent or objectionable. We do not assume any responsibility for monitoring the Services for Prohibited Content or conduct. If, in our sole discretion, we choose to monitor the Website, we nonetheless assume no responsibility for any Content, no obligation to modify or remove any Prohibited Content, and no responsibility for the conduct of the Patron or Member submitting any such Content;

    • you are solely responsible for the Content (whether in a Brief or Pitch) which you post or submit on the Website or through any of our Services;

    • you are solely responsible for any royalties or other payments due in relation to any part of your Content (whether included in a Brief or Pitch);

    • we do not make any claims or representations that the information contained in any Brief or Pitch is accurate, comprehensive, verified or complete, and will accept no liability for the accuracy or completeness of the information contained in any Brief or Pitch or for any reliance placed by any person on the information;  

    • THE SMALLS does not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the Content, or any information or materials found in any Brief or Pitch for any particular purpose. You acknowledge that such Content, information and materials may contain inaccuracies or errors; and

    • we do not warrant that the functions contained in the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are virus or bug free, neither do we warrant or represent the full functionality or reliability of the Content.

  • Charges

    • Members will not be required to pay any additional fee to submit a Pitch.

    • Members will be responsible for all costs and expenses related to their Pitch.

    • Patrons will be responsible for all costs and expenses related to their Brief.

  • Limitation of liability

    • Nothing in these Rules will exclude or restrict our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.

    • In no event will we, our officers, directors, employees or agents be liable to you, whether in contract or tort (including negligence or breach of statutory duty or otherwise), for any losses sustained and arising out of or in connection with the use of the Website or our Services including, without limitation:

      • loss of profits (whether considered to be a direct or indirect loss);

      • loss or corruption of data or information (whether considered to be a direct or indirect loss);

      • loss of goodwill or damage to reputation;

      • loss of business;

      • loss of anticipated savings;

      • loss of business opportunity;

      • waste of management or office time; and/or

      • any indirect, economic, consequential or special loss.

    • In no event will we, our officers, directors, employees or agents be liable to you, whether in contract or tort (including negligence or breach of statutory duty or otherwise), for any losses sustained and arising out of or in connection with:

      • any Content;

      • unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;

      • interruption or cessation of transmission to or from the Website; and/or

      • errors or omissions in any Content or for any loss or damage of any kind incurred as a result of your use of any Content emailed, posted or transmitted or otherwise made available through the Website or the Services.

    • We will not be liable in any circumstances for the accuracy, adequacy or completeness of any Brief or Pitch or for any errors in any Brief or Pitch, nor will any express or implied warranty be given by THE SMALLS in relation to any Brief or Pitch.  This exclusion extends to liability, howsoever arising, in relation to any statement, opinion or conclusion contained in, or any omission from, any Brief or Pitch and in respect of any other written or oral communication transmitted (or otherwise made available) to any Member or Patron. No representations or warranties are made in relation to these statements, opinions or conclusions. This exclusion does not extend to any fraudulent misrepresentation made by, or on behalf of, THE SMALLS.

    • We will not be liable in any circumstances for any Brief or Pitch costs, expenditure, work or effort incurred by a Patron or a Member in preparing any Brief or carrying out enquiries in relation to, proceeding with, or participating in, any Brief process, including if the process is terminated or amended by THE SMALLS or a Patron.  We will also not liable for any costs incurred by Patrons and/or Members where a project exceeds the budget set out in the Brief or Pitch.

    • We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may be transmitted to or through the Website or that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

    • The liability of THE SMALLS to any Member or Patron for any other loss or damage of any kind, however it arises, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, is limited to the greater of (1) £10 and (2) the amount paid to THE SMALLS by such Member or Patron in the 12 month period preceding the claim in question.

    • To the extent permitted by law, we exclude all conditions, warranties and other terms which may otherwise be implied by statute, common law or the law of equity.

  • Indemnity

You agree to indemnify and hold THE SMALLS, our operators, owners, affiliates, subsidiaries and/or licensors harmless to the fullest extent permitted by law from and against any and all claims, damages, obligations, losses, liabilities and costs (including reasonable legal expenses) arising from:

    • your use and access of the Website and the Services;

    • any Brief you have posted;

    • any Pitch you have submitted;

    • your breach of these Rules;

    • your breach of any third party rights (including, without limitation, any third party’s intellectual property rights or right of privacy); or

    • any claim that any Brief or Pitch of yours caused damage to any third party.

  • Term

    • These Rules remains in full force and effect while you are using the Services or are a Member or Patron. You may terminate your membership at any time, for any reason, by following the instructions on www.thesmalls.com/help.  THE SMALLS may suspend or terminate your membership at any time, without warning.

    • The terms of clauses 5.10, 6.2, 7.1, 8.5, 9, 10, 11.3, 11.4, 13, 15, 16, 17.2, 18, 19, 20 and 21 will survive the termination of these Rules.

  • Disclaimer

    • The Website and Services are provided as seen without representation or endorsement being made (whether in relation to a Brief or Pitch or otherwise) and without any warranty of any kind, whether express or implied, including but not limited to, any implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, non-compatibility, security and accuracy.

    • We disclaim all liability and responsibility arising from any reliance placed on any Brief or Pitch or any materials or Content on the Website or in the Services by any User or by anyone informed of the contents of the Website or Services.

  • Communications between us

    • When we refer in these Rules to "in writing", this will include email.

    • If you wish to contact us in writing, or if any clause in these Rules requires you to give us notice in writing, you can send this to us by email at www.pitchroom@thesmalls.com or by prepaid post to The Smalls, 49 Neal Street, London WC2H 9PZ.  We will confirm receipt of this by contacting you in writing, normally by email.

    • If we have to contact you or give you notice in writing, we will do so by email.

    • Any notice given by you to us, or by us to you, will be deemed received and properly served immediately, when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter (as appropriate).  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

  • Release

If you are a Patron and you have a dispute with a Member, or, if you are a Member and you have a dispute with a Patron, you release THE SMALLS (and our directors, officers, employees, agents and subcontractors) from all liabilities, costs, expenses, damages or losses (including any direct or indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by you arising out of or in connection in any way with such dispute.  Any such dispute is a matter for the Patron and Member in question.

  • General

    • If there is a conflict between the provisions of these Rules and any Brief or Website terms and conditions, the provisions of these Rules will prevail.

    • Some of the Services may require you to download software or Content and/or agree to additional terms and conditions.  Unless otherwise expressly provided by the additional terms and conditions applicable to the Services which you choose to utilise, those additional terms and conditions are hereby incorporated into these Rules.

    • Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw, amend or suspend access to the Website or Services without notice.  We will not be liable if for any reason the Website or Services are unavailable at any time or for any period.

    • The Website contains materials which are owned by, or licensed to, us. This material includes, but is not limited to, Briefs, Pitches, the design, layout, look, appearance and graphics of the Website.  Reproduction is prohibited other than in accordance with these Rules.  That material is protected by copyright laws around the world.  All trademarks reproduced on the Website which are not the property of, or licensed to, us are acknowledged on the Website as such.

    • You must not misuse the Website or any of the Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.  By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 of the United Kingdom. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

    • We may assign or transfer our rights and obligations under these Rules to another organisation, but this will not affect your rights or our obligations under these Terms.  We will always notify you if this happens.

    • You may assign or transfer your rights or your obligations under these Terms to another person only if we agree in writing.  

    • These Rules are an agreement between you and us.  No other person will have any rights to enforce any of these terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.  

    • Neither party is liable to the other for failure to perform, or delay in performance, of any obligation under these Rules to the extent that the failure is caused by any factor beyond the reasonable control of the party in question.

    • These Rules constitute the entire agreement between us (except in the case of our relationship with Patrons, where the Patron Contract will also apply) and supersedes all other agreements or arrangements, whether written or oral, express or implied, between us.  Each of the parties agrees that in entering into these Rules it does not rely on and will have no remedy in respect of any statement, representation, warranty or understanding of any person, whether party to these Rules or not, other than as expressly stated in these Rules (and, in relation to Patrons, where the Patron Contract will also apply). Nothing in this clause 21.10 will operate to limit or exclude any liability for fraud.

    • These Rules will be binding on both our successors and assigns, and personal representatives.

    • Neither party will be affected by any delay or failure in exercising or any partial exercising of its rights under these Rules unless it has signed an express written waiver or release.

    • If any provision of these Rules is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that will not affect or impair:

      • the legality, validity or enforceability in that jurisdiction of any other provision of these Rules; or

      • the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of these Rules.

    • The Services are hosted in England. THE SMALLS makes no representation that the Website is appropriate or available for use outside of England and Wales. If you access the Website or use the Website from any other jurisdiction you do so of your own volition and you are responsible for compliance with all applicable laws.

    • These Rules are to be governed by and construed in accordance with English law. The courts of England have non-exclusive jurisdiction to settle any dispute in connection with these Rules.

    • These Rules are only in the English language.


5 February 2013