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").
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:
is harmful, threatening, abusive, harassing, tortious, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory
is obscene, pornographic, excessively violent or harmful to minors or depicts minors engaged in sexually explicit conduct or in a sexually explicit manner;
is tortious, defamatory, libelous or invasive of another's privacy or
infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;
you do not have a right to make available under law or contractual or fiduciary relationships;
includes copyrighted materials for which you do not possess appropriate rights to so display, perform or otherwise make available;
bears any false, disguised or misleading origin;
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:
harass or advocate harassment of another person or entity;
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;
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;
impersonate any person or entity or misrepresent in any way your affiliation with a person or entity;
unsolicited mass mailings, "spim" or "spam;"
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;
any virus, worm, defect, Trojan horse or similar destructive or harmful
You may not do any of the
following to the Services:
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;
disobey any applicable policies or regulations of networks connected to the Services;
modify, adapt, translate or reverse engineer the Services
use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services;
frame the Services or reformat them in any way; or
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: email@example.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
If any state or other
jurisdiction does not allow the exclusion or limitation of liability for
damages, then Pulsds 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
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.
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,
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 firstname.lastname@example.org
, 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
of any changes or updated policy to you means that you have accepted those