Last updated on 10/28/2020.
Terms and Conditions
By accessing any websites and any subdomains operated by Pulse Spikes, Inc. (“Pulse Spikes”), including but not limited to www.pulsespikes.com and www.pulsespikes.org, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
- Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Pulse Spikes’ website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Pulse Spikes’ website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Pulse Spikes at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Pulse Spikes’ website are provided on an ‘as is’ basis. Pulse Spikes makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Pulse Spikes does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall Pulse Spikes or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Pulse Spikes’ website, even if Pulse Spikes or a Pulse Spikes authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
- Accuracy of materials
The materials appearing on Pulse Spikes’ website could include technical, typographical, or photographic errors. Pulse Spikes does not warrant that any of the materials on its website are accurate, complete or current. Pulse Spikes may make changes to the materials contained on its website at any time without notice. However Pulse Spikes does not make any commitment to update the materials.
Pulse Spikes has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Pulse Spikes of the site. Use of any such linked website is at the user’s own risk.
Pulse Spikes may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
- Governing Law
These terms and conditions are governed by and construed in accordance with the laws of New York and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
User Content Submission Agreement
By emailing content (including but not limited to writing and photographs) to Pulse Spikes or by submitting content through the submission form on pulsespikes.com/submit, you agree to the following terms and conditions:
- You certify that you are 13 or older, and if under 18, have the permission and supervision of a parent or legal guardian to submit this form. The parent or legal guardian agrees to these rules on behalf of individuals between the ages of 13 and 18, and has noted that he or she is fully responsible for the individual’s submission and any legal liability that they may incur.
- You retain full rights to all media (including writing and photographs) in your submission, except as otherwise set forth herein.
- You grant Pulse Spikes a perpetual, irrevocable, royalty free license to use any media and content in your submission, and to adapt, modify, translate, reproduce, create derivative works from, incorporate into other works, distribute, perform, display, and otherwise use such content, in whole or in part in any form, on any media or technology now known or later developed. These permissions are provided to Pulse Spikes or its assigns or to any successor or future owner of its assets.
- You may use the media in your submission or allow others to use the media in your submission (or derivatives of the media) for any purpose, except in a manner that is derogatory or otherwise critical of Pulse Spikes. You represent, warrant and certify that the media in your submission that is licensed to Pulse Spikes is your own original work, and is your sole property and does not infringe the rights of any third party, including, but not limited to, trademark, copyright, patent, trade secret, or other proprietary or personal rights.
- You further represent, warrant and certify this submission does not include any material that is profane, offensive, or that advocates or encourages any illegal activity.
- You agree to release, indemnify and hold harmless Pulse Spikes, its sponsors, and its and their respective affiliates, shareholders, officers, directors, members, employees, and agents from and against all liability, damages, loss, cost, or expense (including without limitation reasonable attorneys’ fees and expenses) arising out of or in connection with the media and content submitted by you.
Social Media Engagement Policy
By tagging “pulsespikes” in your social media posts, or by commenting with one of our hashtags (e.g. #PulseSpikes, #PSUnretouched), you agree to the following submission terms:
- You have the right to submit the content.
- You represent and warrant that the content does not (i) violate or infringe any rights of any third party, including copyright, trademark, rights of publicity and privacy and (ii) include any material that is profane, offensive, or that advocates or encourages any illegal activity.
- You retain full rights to your content, except as otherwise set forth herein.
- Your content (including but not limited to writing and artwork) can be edited or reorganized by our team.
- Your content (including but not limited to writing and artwork) may be featured on our site, social media accounts operated by us, and/or in a Pulse Spikes newsletter as well as our sponsors’ websites and/or social media channels (if applicable).
- You agree to release, indemnify and hold harmless Pulse Spikes, its sponsors, and its and their respective affiliates, shareholders, officers, directors, members, employees, and agents from and against all liability, damages, loss, cost, or expense (including without limitation reasonable attorneys’ fees and expenses) arising out of or in connection with the content you submitted.
Pulse Spikes may, at any time, remove the content from our site or our official social media accounts for any reason, including, but not limited to, offensive remarks, copyright infringement and poor photo quality.
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information.”
HOW WE USE YOUR PERSONAL INFORMATION
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
- Communicate with you;
- Screen our orders for potential risk or fraud; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
We may also share your Device Information with third parties, including Google, to serve ads based on your prior visits to our website or other websites.
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Google Analytics to help us understand how our customers use the Site—you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising here: https://www.google.com/settings/ads/anonymous.
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
If you have questions, if you would like additional information, or if you would like to make a complaint, please contact us by e-mail at email@example.com.