Last updated on 1/7/17.
By accessing the website and any subdomains at http://www.pulsespikes.com, 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 using this Site and in consideration of Pulse Spikes evaluating your submission, photographs, writing, any other media (the “Content”) for its possible use on the Site, Social Media and/or in a Pulse Spikes newsletter, the contributor (the “Author”) agrees to the terms and conditions set forth in this Agreement.
Authors who submit their Content to Pulse Spikes retain full rights to their Content, except as otherwise set forth herein.
By submitting, the Author grants Pulse Spikes a perpetual, irrevocable, royalty free license to use any Content, and to adapt, modify, translate, reproduce, create derivative works from, incorporate into other works, distribute, perform, display, and otherwise exploit such content, in whole or in part in any form, media or technology now known or later developed.
The Author certifies that he or she is 13 or older, and if under 18, has the permission and supervision of a parent or legal guardian to submit the Content. 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 Author’s submissions and any legal liability that he or she may incur.
Pulse Spikes agrees to post the name of the Author, as submitted, at the bottom of the article.
If the Content is selected, the Author may use the Content (or derivatives of the Content) or allow others to use the Content (or derivatives of the Content) for any purpose, except in a manner that is derogatory or otherwise critical of Pulse Spikes. The Author represents, warrants and certifies that the Content that is licensed to Pulse Spikes is his/her own original work, is the sole property of Writer 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.
Author further represents, warrants and certifies that such Content has not been previously published, and shall not include any material that is profane, offensive, or that advocates or encourages any illegal activity.
Furthermore, the Author has the permission of others who have contributed to or are featured in any content that is submitted. If there are any individuals under the age of 18 in any photos, video, or other content that the Author submitted, the Author must obtain the permission of each such individual’s parent or legal guardian prior to submitting the content.
Author agrees 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 submitted by the Author.
The decisions of Pulse Spikes are final and binding.
By tagging to our Social Media Challenge, you agree to the following 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 photography, except as otherwise set forth herein.
Your writeup (or parts of your writeup) can be edited or reorganized by our team.
Your photo/video and writeup (or parts of your writeup) may be featured on the Site, Social Media 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 the content you submitted.
Pulse Spikes may, at any time, remove the photo/video from the Site or Social Media for any reason, including, but not limited to, offensive remarks, copyright infringement and poor photo quality.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use personal information solely for fulfilling those purposes specified by us and for other ancillary purposes, unless we obtain the consent of the individual concerned or as required by law.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
- We will only retain personal information for as long as necessary for the fulfilment of those purposes.