Tems of Use

By accessing or using Pulse/PulsePro, this web service, or any applications, including mobile applications, made available by Pulse/PulsePro (together, the "Service"), however accessed, you agree to be bound by these terms of use ("Terms of Use"). The Service is owned or managed by STUDIO33 GmbH ("Service Provider"). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

These Terms of Use are effective from 1st January 2015.

Basic Terms

1. You must be at least 13 years old to use the Service.

2. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.

3. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorised to create accounts on behalf of their employers or clients, the Service prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to the Service upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

4. You agree that you will not solicit, collect or use the login credentials of other users of the Service.

5. You are responsible for keeping your password secret and secure.

6. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

7. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.

8. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.

9. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Service Provider.

10. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a.k.a. "Spam") to any users of the Service.

11. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any web page from the Service is rendered or displayed in a user's browser or device.

12. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

13. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use.

14. Violation of these Terms of Use may, in the Service Provider's sole discretion, result in termination of your account. You understand and agree that the Service Provider cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for the Service or Service Provider, we can stop providing all or part of the Service to you.



General Conditions

1. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.

2. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your account with the Service at any time and for any reason from your user profile page. If we terminate your access to the Service or you deactivate your account, your entires stored content, including but not limited to, web sites, individual web pages, developed templates, developed site frameworks, multimedia content, and all other data will no longer be accessible through your account, but those materials and data may persist and appear within the Service.

3. We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.

4. We reserve the right to refuse access to the Service to anyone for any reason at any time.

5. We reserve the right to force forfeiture of any username for any reason. As such the user may be requested to change their username in accordance with the Terms or Use.

6. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.

7. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that the Service Provider is not responsible or liable for the conduct of any user. The Service Provider the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.

8. You agree that you are responsible for all data charges you incur through use of the Service.

9. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles (except as may be the result of standard search engine protocols or technologies used by a search engine with the Service Provider's express consent).



Rights

1. The Service Provider does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to the Service Provider a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service.

2. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

3. The Service contains content owned or licensed by the Service Provider ("Provided Content"). Service Provider Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and the Service Provider. The Service Provider owns and retains all rights in the Provided Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Provided Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Provided Content.

4. The Pulse/PulsePro name and logo are trademarks of the Service and Service Provider, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Service Provider.

5. Although it is the Service Provider's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, the Service Provider reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by the Service Provider, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order.

6. The Service Provider encourages you to maintain your own backup of your Content. Although, regular backups are taken and retained by the the Service, you agree that you will not rely on the Service for the purposes of Content backup or storage. The Service Provider will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.

7. The Service Provider does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.



Disclaimer of Warranties

1. The Service, including, without limitation, Provided Content, is provided on an "as is", "as available" and "with all faults" basis. To the fullest extent permissible by law, neither the Service nor the Service Provider nor any of it's employees, associates or agents make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (A) The Service; (B) The Provided Content; (C) User Content; or (d) security associated with the transmission of information to the Service Provider or via the Service.

2. The Service, the Service Provider, any of it's employees, associates or agents hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.

3. The Service or the Service Provider do not represent or warrant that the service will be error-free or uninterrupted; that defects will be corrected; or that the service or the server that makes the Service available is free from any harmful components, including, without limitation, viruses.

4. The Service or the Service Provider do not make any representations or warranties that the information (including any instructions) on the Service is accurate, complete, or useful. You acknowledge that your use of the Service is at your sole risk.

5. The Service or the Service Provider do not warrant that your use of the Service is lawful in any particular jurisdiction, and the Service and Service Provider specifically disclaim such warranties.

6. By accessing or using the Service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service.

7. The Service Provider does not endorse Content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any Content.



Limitation of Liability; Waiver

1. Under no circumstances will the Service or Service Provider be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to:

  1. the Service;
  2. the provided content;
  3. user content;
  4. your use of, inability to use, or the performance of the service;
  5. any action taken in connection with an investigation by the Service or Service Provider or law enforcement authorities regarding your or any other party's use of the Service;
  6. any action taken in connection with copyright or other intellectual property owners;
  7. any errors or omissions in the Service's operation; or
  8. any damage to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Service or Service Provider have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the service).


2. In no event will the the Service, Service Provider, employees, associates or agents be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury.

3. By accessing the Service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected.

4. The Service Provider is not responsible for the actions, content, information, or data of third parties, and you release us, our employees, associates and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

Cookies

A "Cookie" is a small text file which is created by your web browser and stored on your computer's hard drive or other storage medium. A web site, such as ours, instructs the web browser to create one or more Cookies and determines what information will be stored within this file.

This Service uses one Cookie which is created following a successful login by the user. We do not store any personal or tracking information in the Cookie. Additionally, the Cookie generated by the Service is not used for advertising purposes and we do not grant any third party access to the information within.

Cookies are only used within our Service for the purpose of ensuring security between your web browser and the Service and for personalising your user experience.

Data protection

By using our Services you are asked to supply personal information, such as [but not limited to] name, email address, password, organisation, etc. Providing such information is voluntary but necessary for access to this Service.

Your personal data is used in strict accordance with European data protection laws. Personal data supplied to this Service is used for user authentication, email communication, optional collaboration and to personalise the user experience.

We do not share your personal information with any third party and will not in the future without your explicit consent.

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