TERMS OF USE
Pulsd.com Terms of Use

Please Read These Terms of Use Carefully

Welcome to Pulsd.com. These pages constitute the terms under which you may access Pulsd.com, (the "Site") and use the information held therein (the "Services").

You are encouraged to read these Terms of Use ("Terms") carefully before using this site or any applications or services available from it. This Site is owned and operated by Pulsd, Inc., (referred to as "Company"). "You" are the person or entity using the Site, ordering or using Applications or described in the Site registration form.

By accessing and using the Services, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, DO NOT USE THE SERVICES IN ANY MANNER. Pulsd reserves the right to limit or terminate your access to the Services if you do not comply with these Terms of Use.

1. Privacy

Your privacy is very important to us. Please refer to our Privacy Policy which explains how we can collect and use your content.

Your privacy is very important to us. Please refer to our Privacy Policy which explains how we may can collect and use your content.

2. Restrictions on the Use of the Services

You may post and share comments and content with other users through the Services. By using the Services, you agree not to upload, post, transmit, cause the display or performance of, or otherwise make available any content that:
  1. is harmful, threatening, abusive, harassing, tortious, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory
  2. is obscene, pornographic, excessively violent or harmful to minors or depicts minors engaged in sexually explicit conduct or in a sexually explicit manner;
  3. is illegal
  4. is tortious, defamatory, libelous or invasive of another's privacy or publicity rights;
  5. infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;
  6. you do not have a right to make available under law or contractual or fiduciary relationships;
  7. includes copyrighted materials for which you do not possess appropriate rights to so display, perform or otherwise make available;
  8. bears any false, disguised or misleading origin;
  9. contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment.
All messages, information, digital files or other materials, whether publicly posted, displayed or performed on, or privately transmitted, are the sole responsibility of the person who sends or publishes such items. Accordingly, you are responsible for all items that you message, upload, post, cause the display or performance of, email, transmit or otherwise make available via the Services.

Pulsd reserves the right to, but has no obligation to, monitor or screen the content transmitted through, displayed or posted through the Services and to remove any content in its sole discretion. Nevertheless, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU TRANSMIT, DISPLAY OR POST THROUGH THE SERVICES.

3. Prohibited Activities

You may not use the Services to do any of the following:

  1. harass or advocate harassment of another person or entity;
  2. perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations promulgated by governmental agencies that have the force of law;
  3. provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act;
  4. impersonate any person or entity or misrepresent in any way your affiliation with a person or entity;
  5. transmit unsolicited mass mailings, "spim" or "spam;"
  6. collect or store any information about other users or members, other than in the normal course of using the Services for their intended purpose of facilitating voluntary communication among users;
  7. transmit any virus, worm, defect, Trojan horse or similar destructive or harmful item.
You may not do any of the following to the Services:
  1. use the Services in any manner that could damage, disable, overburden, disrupt or impair the Services or any Pulsd server, or the network(s) connected to any Pulsd server, or interfere with any other party's use and enjoyment of the Services;
  2. disobey any applicable policies or regulations of networks connected to the Services;
  3. modify, adapt, translate or reverse engineer the Services
  4. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services;
  5. frame the Services or reformat them in any way; or
  6. create user accounts using any automated means or under false pretenses.
4. No Responsibility for Third Party Websites
This Website may contain hyperlinks to websites operated by parties other than Pulsd. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
You agree that Company shall not be responsible for any loss or damage of any sort relating to your dealings with any third party websites.
5. Copyrights and Trademarks
COPYRIGHT NOTICE: Copyright © 2010 Pulsd, Inc. All Rights Reserved.
"Pulsd" is a registered trademark of Pulsd, Inc.
EXCEPT AS EXPRESSLY PROVIDED HEREIN BY THESE TERMS, NEITHER THE COMPANY, ITS AFFILIATES, NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER PROPRIETARY RIGHTS TO USE THE SITE OR ANY APPLICATIONS OFFERED ON THE SITE. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU.
The Company will not tolerate copyright infringement and reserves the right to block, disable, or otherwise remove any content or materials uploaded to the Site as well as terminate access to the Site if you engage in copyright or other intellectual property infringement. The law provides for civil and criminal penalties for copyright and other intellectual property law infringements.
Displaying, performing, storing, copying, distributing, or otherwise making available or using any content from the Site or Applications is prohibited, unless specifically authorized by the Company. Accordingly no such content or Applications may be used on another web site without express written permission from the Company.
If you believe that any content on the Site infringes your copyrights, please contact the Company's copyright agent, who can be reached as follows:
By mail: Pulsd Inc., 594 Broadway, Suite 410, New York, NY 10012

By e-mail: copyright@pulsd.com

Please be sure to include the following information: (a) a description of the copyrighted work you allege is being infringed upon (and registration information if such work is registered with the copyright office); (b) the location of the allegedly infringing material on the Site, (c) your signature (digital or hard-copy), (d) your address, telephone number, and e-mail address, and (e) a statement (notarized if possible and made under penalty of perjury that): (i) you are the copyright owner or are authorized to act on the copyright owner's behalf; (ii) you believe in good faith that the rights of the copyright owner are being infringed, and that the uses of the allegedly infringing material are not authorized (either by the copyright owner, its agents, or applicable law).
6. Disclaimer of Warranty and Limitation of Liability and Ability to Change or Terminate Services
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, THE SERVICES AND ALL INFORMATION ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND AND PULSEJFK HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, PULSEJFK DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT.
Because some jurisdictions do not allow the exclusion of implied warranties, some of these exclusions may not apply to you. If any state or other jurisdiction does not allow the exclusion or warranties, then PULSEJFK warranties shall be limited in those jurisdictions to the extent permitted by law.
IN NO EVENT SHALL PULSEJFK BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR INFORMATION AVAILABLE FROM THE SERVICES.
If any state or other jurisdiction does not allow the exclusion or limitation of liability for damages, then Pulsd𔃅s liability shall be limited in those jurisdictions to the extent permitted by law.
Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within the Services. The Services may contain technical inaccuracies or typographical errors. Pulsd assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions on the Services.
Pulsd may terminate or make changes to all or any portion of the Services, product offerings, and any other information and materials available on or through the Services and may delete any content that has been submitted to the Services at any time and without notice or liability.
Pulsd sells products and/or services on behalf of merchants we partner with. Please note that all such sales are final and we do not offer refunds. There may be additional costs for services related to the voucher purchased on pulsd (e.g. taxes, tips, travel, insurance etc). These additional costs must be paid by the voucher holder.
Voucher expiration dates cannot be extended by pulsd but may be extended by the merchant at their sole discretion. All services related to a voucher must be used in full by their expiration date. Expired vouchers have zero value.
7. Indemnity
You agree to indemnify, defend, and hold Pulsd and its affiliates, officers, agents, co-branders, partners, and employees harmless from any claim or demand made by any third party due to or arising out of your use of the Services, your connection to the Services, your violation of the Terms of Use or Privacy Policy, or your violation of any rights of other users of the Services. Any such indemnification shall include the payment of reasonable attorney fees incurred in the defense of such claim.
8. Comments and Suggestions
If you have any comments or suggestions you may address them to the customer service department at Pulsd at comments@pulsd.com, via mail addressed to Customer Service, Pulsd, Inc., 594 Broadway, Suite 410, New York, NY 10012.
Pulsd reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time, with or without notice to you. Please check these Terms of Use periodically for changes. Your continued use of the Services after the posting of any changes to the Terms of Use or after our sending of notice of any changes or updated policy to you means that you have accepted those changes.

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