(Last Updated: February 3, 2010)
The following terms and conditions ("Terms & Conditions of Use") govern your access to, and use of, this Web site located at http://thepulse.ca (the "Site") operated by Shawn Petriw DBA Pulse Digital Promotion ("Pulse Digital Promotion") and any of Pulse Digital Promotion's services accessible through the Site. This User Agreement do not alter in any way the terms or conditions of any other agreement you may have with Pulse Digital Promotion for products or services.
BY CHECKING THE THE "I ACCEPT TERMS & CONDITIONS OF USE" BOX OR BY ACCESSING, BROWSING, OR OTHERWISE USING THE SITE, YOU AGREE TO BE BOUND BY THIS USER AGREEMENT AND ANY OF THE RELATED POLICIES OR GUIDELINES, INCLUDING ANY SUBSEQUENT CHANGES OR MODIFICATIONS TO THEM. IF YOU DO NOT AGREE TO THIS USER AGREEMENT OR ANY CHANGES, DO NOT ACCESS OR OTHERWISE CONTINUE TO USE THIS SITE.
Other Applicable Terms
Privacy. You should refer to Pulse Digital Promotion's Privacy Policy to understand how Pulse Digital Promotion collects, uses and discloses your personal information. The Site is not directed to, and not intended for the use of, children under the age of 13. If you are under the age of 13, please do not register or submit any personal information to the Site.
Conduct Policy. You agree to the terms of Pulse Digital Promotion's Conduct Policy related to your use of the Site, including your submission of any articles, commentary, links, and any other data, documents, text, code, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments or other materials (collectively, "User Content"). The Conduct Policy is located at the end of, and is a part of, this Terms & Conditions of Use Agreement.
Copyright Policy. If you believe your work has been copied and posted to the Site in a way that constitutes copyright infringement, please review our Copyright Policy and send the notice described in the policy.
Copyright and License
All copyrighted and copyrightable materials on the Site, including but not limited to the text, design, manuals, product information, graphics, images, pictures, sound and other files, and the selection, compilation and arrangement thereof (collectively, "Materials") are ALL RIGHTS RESERVED Copyright ©2006-2010 Pulse Digital Promotion and/or its licensors.
Pulse Digital Promotion grants you a limited license to make personal use of the Site to access and review the Materials for your information purposes only. This license does not include the right to: (a)use the Site or Materials for other than for its intended purpose; (b) use framing techniques to enclose any portion of the Site, including any images found on the Site or any text or the layout or design of any page or form contained on a page; (c)publish, publicly perform or display, or distribute to any third party any Materials, including reproduction or hosting the Materials on any computer network or broadcast or publications media; (d)make derivative uses of the Site or the Materials; or (e) any systematic collection or extraction of data through the use of any data mining, robots or similar data gathering or extraction methods.
You are not conveyed any other right or license, by implication, estoppel or otherwise, in or under any patent, trademark, or proprietary right of Pulse Digital Promotion or any third party. Any unauthorized use of the Site will terminate the permission or license granted by Pulse Digital Promotion to you under the Terms & Conditions of Use and may violate applicable law, including but not limited to copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
User Content
You retain all copyright to all original User Content you submit to the Site. By transmitting or submitting User Content to the Site, you hereby (a) grant Pulse Digital Promotion a non-exclusive, irrevocable, royalty-free, perpetual and fully sublicensable and transferable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such User Content in any media, now known or hereafter devised; and (b) grant Pulse Digital Promotion, its affiliates and sublicensees the right to use the name, identifier, or any portion thereof, submitted in connection with such User Content, if they so choose. Please note that Pulse Digital Promotion, as a policy, does not actively edit User Content. We either leave the User Content posted as is or take it down entirely. However, in some situations, certain modifications may occur without our active participation, such as due to our obscenity filtering software, which may automatically change profane language to characters such as '@#!%'.
You acknowledge and agree that you will not post on the Site any content for which you do not have the clear right to do so and to grant the rights granted above. You acknowledge and agree that you are solely responsible and liable for any content that you post on the Site and for any infringement or other liability that may result.
You represent and warrant that (i) all User Content is either wholly original to you, or all third party rights therein have been fully cleared for use as contemplated by this Agreement, and that you have the right to grant the rights granted herein without violating the rights of any third party; (ii) the User Content and the posting thereof on the Site does and will not, in any way, violate or breach any of the terms of this Agreement or the Conduct Policy or violate or infringe upon the rights of any third party, and (iii) Pulse Digital Promotion shall not in any circumstance be required to pay or incur any sums to any person or entity as a result of its use or exploitation of the User Content unless otherwise agreed by Pulse Digital Promotion.
Without limiting the foregoing, Pulse Digital Promotion reserves the right to use the User Content as it deems appropriate, including, without limitation, deleting, rejecting, or refusing to post it. Your submission of User Content is subject to the terms our Conduct Policy. Pulse Digital Promotion may, but is under no obligation to, offer you any payment for User Content that you submit or the opportunity to edit, delete or otherwise modify User Content once the it has been submitted to Pulse Digital Promotion. Pulse Digital Promotion shall not be obligated to enforce any form of attribution by third parties and shall not be responsible for any third party use of User Content.
If it is determined that you possess any moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you have no objection to the publication, use, modification, or deletion and exploitation of the User Content by Pulse Digital Promotion or its licensees, successors and assigns; (b) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (c) you forever release Pulse Digital Promotion, and its licensees, successors and assigns, from any claims that you could otherwise assert against Pulse Digital Promotion by virtue of any such moral rights.
Pulse Digital Promotion is for collaborative discovery and discussion of community and event-related news and the discovery and promotion of community events. You agree not to post to the Site any links or other User Content which is intended to or may result in any monetary compensation or other benefit to you, including without limitation any affiliate links.
Your Liability
You are solely responsible for your activities on our Site, including all User Content that you submit or a third party submits on your behalf or using your account. You agree to indemnify Pulse Digital Promotion and its shareholders, directors, officers, employees, agents, successors and assigns against any and all third party claims, actions, demands, suits and all related losses, liabilities, damages, penalties, costs and expenses (including, but not limited to, reasonable attorneys' fees) incurred by an indemnified party arising out of or related to: (a) any violation of law or regulation from your use of the Site, (b) any actual or alleged breach by you of any obligations, representations, warranties under this User Agreement, including violations of our Conduct Policy; and (c) any actual or alleged infringement or misappropriation of the intellectual property rights of any third party by all User Content that you submit or a third party submits on your behalf or using your account.
Trademarks and Service Marks
"Pulse Digital Promotion," "thepulse.ca" and Pulse Digital Promotion's logos are trademarks, service marks or registered trademarks of Pulse Digital Promotion or its suppliers and licensors, and may not be copied, used or imitated, in whole or in part, without the prior written permission of Pulse Digital Promotion or its suppliers or licensors. You may not use meta tags or any other "hidden text" using any of the above-referenced marks without Pulse Digital Promotion's permission. Additionally, all page headers, graphics, icons, and scripts are service marks, trademarks, and/or trade dress of Pulse Digital Promotion, and may not be copied, imitated, or used, in whole or in part, without Pulse Digital Promotion's prior written permission. All other Pulse Digital Promotion names or logos mentioned on the Site, or any other trademarks, registered or otherwise, are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Pulse Digital Promotion.
Links and Third Party Content
Pulse Digital Promotion or third parties may provide links on the Site to other sites or content. Pulse Digital Promotion has no control over such sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the quality, content, nature or reliability of sites or content linked to by the Site. Pulse Digital Promotion provides links to you only as a convenience, and the inclusion of any link on the Site does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any third-party sites.
No Warranties
THE SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "ASIS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY OR DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. PULSE DIGITAL PROMOTION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. PULSE DIGITAL PROMOTION DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, CURRENT, RELIABLE OR ERROR-FREE.
PULSE DIGITAL PROMOTION IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, INCLUDING CONTENT THAT IS POSTED BY THIRD PARTIES. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Limited Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THIS SITE OR THE MATERIALS THEREIN OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA.
YOU AGREE THAT PULSE DIGITAL PROMOTION'S AGGREGATE LIABILITY FOR ANY ACTUAL AND DIRECT DAMAGES HEREUNDER SHALL NOT EXCEED THE AMOUNTS PAID BY PULSE DITITAL PROMOTION TO YOU UNDER THIS AGREEMENT. YOU ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK FOR YOUR USE OF THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, CONDITIONS OR DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Applicable Law and Venue
This Terms & Conditions of Use Agreement and any transactions on this Site shall be governed by and construed in accordance with the laws of the Province of British Columbia applicable to agreements made and entirely to be performed within the Province of British Columbia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in provincial or federal court located in Prince George, British Columbia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Terms & Conditions of Use Agreement.
Changes to this Terms & Conditions of Use Agreement
Pulse Digital Promotion reserves the right to change or modify any of the terms and conditions contained in this Terms & Conditions of Use Agreement, or any policy of the Site, at any time and in its sole discretion. If Pulse Digital Promotion decides to change this Agreement, it will post a new version on the Site and update the effective date set forth above. Any changes or modifications to this Agreement or policy will be effective upon posting of the revisions. Your continued use of the Site following posting of any changes or modifications constitutes your acceptance of such changes or modifications. You should frequently review the Terms & Conditions of Use and any other applicable policies, including their dates, to understand the terms and conditions that apply.
Please read this Conduct Policy carefully. It governs your conduct while using various services on this Web site, located at www.thepulse.ca (the "Site") and operated by 0798547 BC LTD. ("Pulse Digital Promotion"). By using our Site, you agree to be bound the terms of this Conduct Policy.
ANY VIOLATION OF THIS POLICY MAY RESULT IN THE SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE SITE OR USE OF OUR SERVICE AND SUCH ACTION AS WE DEEM APPROPRIATE. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY YOU.
Other Applicable Terms
Your use of the Site is also governed by the Pulse Digital Promotion Terms & Conditions of Use. Please review Pulse Digital Promotion's Privacy Policy to understand Pulse Digital Promotion's practices regarding the collection, use and disclosure of personal information on the Site.
Use of User Content
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Site, including the submission of articles, commentary and all other data, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments or other materials (collectively, "User Content"). As a provider of interactive services, Pulse Digital Promotion enables users to post such User Content in a public forum. Pulse Digital Promotion is not liable for any User Content provided by its users. User Content is displayed for entertainment and informational purposes only and is not controlled by Pulse Digital Promotion. Pulse Digital Promotion cannot guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Site, you may be exposed to User Content that may be offensive, indecent or objectionable. Under no circumstances will Pulse Digital Promotion be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Site.
Prohibited Conduct
The following non-exhaustive list describes the kinds of illegal or harmful conduct that are prohibited on our Site. You agree not to:
upload, post or otherwise transmit any User Content that:
• is not relevant to the subject matter of the article, commentary, product, service, person or entity;
• is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, known to be false and presented as truth, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure Codes)
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• potentially infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity; or
• is unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
• use an account name, file or directory name, or third level domain (i.e., aaa.thepulse.ca), or other identifier that infringes or misappropriates any trademark, service mark or other indicia of origin or that is otherwise likely to cause confusion as to the source, affiliation, sponsorship or endorsement of a third party's products or services;
• attempt to disguise the origin of any User Content transmitted to the Site;
• act in any manner that negatively affects other users' ability to use the Site;
• use or authorize the use of any means to artificially or falsely drive user traffic to User Content that you or another user posts to the Site, including the use of automated, fraudulent or deceptive processes;
• impersonate any person or entity, including, without limitation, a Site moderator or a manufacturer or owner of any product, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• interfere with the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
• post User Content that would be harmful to minors in any manner;
• create and/or log in with multiple accounts;
System and Network Security
You are prohibited from violating the security of any system or network comprising the Site. Such violations may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following:
• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of the Site or to breach security or authentication measures.
• Unauthorized monitoring of data or traffic on the Site.
• Interference with the Site including, without limitation, any type of flooding technique or deliberate attempt to overload a system such as denial of service attacks.
• Forging of any packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
• Using manual or electronic means to avoid any use or access limitations placed on this Site.
Enforcement
Notwithstanding anything to the contrary in this Conduct Policy, Pulse Digital Promotion reserves the right, but does not assume the obligation, to investigate any violation of this Conduct Policy or any other misuse of the Site or its systems, equipment or network. Pulse Digital Promotion further reserves the right (each in its sole discretion) to screen, edit, modify, remove or disable access to any User Content that violates these provisions or that Pulse Digital Promotion deems objectionable. Without imitating the foregoing, and notwithstanding anything contrary in our Privacy Policy, Pulse Digital Promotion reserves the right to report any activity, data or persons (including the disclosure of relevant user information) to appropriate law enforcement officials, regulators, or other appropriate third parties if Pulse Digital Promotion suspects you have violated this Conduct Policy or any law or regulation. Pulse Digital Promotion also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct.
General Terms; Repeater Infringer Policy
We reserve the right, without notice and in our sole discretion, to terminate your account and your license to use the Site and to block or prevent future access to and use of the Site. It is Pulse Digital Promotion's policy to terminate, in appropriate circumstances as determined in our sole discretion, subscribers or account holders who we determine are repeat infringers. If any provision of this Terms & Conditions of User Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Terms & Conditions of User Agreement and shall not affect the validity and enforceability of any remaining provisions. The following provisions will survive any termination of this User Agreement: "User Content", "Your Liability", "Trademarks", "No Warranties", "Limited Liability", "Applicable Law and Venue", and "General Terms".
