I understand that this is a beta program.
I understand that a beta version of an application file is a program that is still in development and is published solely for testing purposes.
I understand that the beta program is licensed "as is". PulsarBox Inc. makes no, and hereby expressly disclaims all, warranties, express, implied, statutory, or otherwise with respect to the software, including non-infringement and the implied warranties of merchantability and fitness for a particular purpose.
I agree that PulsarBox Inc. shall not be liable for any damages to me or any other party in connection with this beta program, whether arising out of contract or from tort, including loss of data, profits or business or other special, incidental, exemplary or consequential damages, even if PulsarBox Inc. has been advised of the possibility of such loss or damages. PulsarBox Inc's cumulative liability in connection with this beta program shall not exceed the license fee paid, if any, for use of this software/Detection Database and documentation. This section shall survive termination of this License.
I understand and agree that as a beta tester for PulsarBox Inc., my e-mail will be automatically registered on the beta tester mailing list.
Welcome to PulsarBox! By downloading, installing or using PulsarBox software or any portion thereof ("PulsarBox Software") and/or any third party software or any portion thereof provided via the PulsarBox website or in conjunction with PulsarBox's software ("Third Party Software"), you agree to the following terms and conditions (the "Terms and Conditions"). The PulsarBox Software, and any portion thereof, and the Third Party Software, and any portion thereof, are referred to herein as the "Software."
PulsarBox is a web publishing service and optional hosting service (the "Service"). You will be responsible for all activities occurring under your username and for keeping your password secure. You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. PulsarBox disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other client software. PulsarBox also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
You must be at least thirteen (13) years of age to use the Service. PulsarBox reserves the right to refuse service to anyone at any time without notice for any reason.
1. PROPER USE
a) USE OF SOFTWARE
The Software is made available to you for your personal, non-commercial use only. You may not use the PulsarBox Software in any manner that could damage, disable, overburden, or impair PulsarBox's services (e.g., you may not use the PulsarBox Software in an automated manner), nor may you use Software in any manner that could interfere with any other party's use and enjoyment of PulsarBox's search services or the services and products of Third Parties. "Third Parties" means the third party licensors of the Software.
b) USE OF SERVICE
You agree that you are responsible for your own use of the Service, for any channels you make, and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.
You agree to abide by the PulsarBox Content Policy (http://pulsarbox.com/terms.html) and the rules and restrictions therein. Although we may attempt to notify you when major changes are made to the PulsarBox Content Policy, you should periodically review the most up-to-date version. PulsarBox may, in its sole discretion, modify or revise the PulsarBox Content Policy at any time, and you agree to be bound by such modifications or revisions.
Violation of any of the foregoing, including the PulsarBox Content Policy (http://pulsarbox.com/terms.html), may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. PulsarBox reserves the right, but shall have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
Much of the content of PulsarBox.com and associate channels -- including the contents of specific postings -- is provided by and is the responsibility of the person or people who made such channels. PulsarBox does not monitor the content of PulsarBox.com and associate channels, and takes no responsibility for such content. Instead, PulsarBox merely provides access to such content as a service to you.
By their very nature, PulsarBox.com or associate channels may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, information that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using PulsarBox.
PulsarBox does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via the Service or endorse any opinions expressed via the Service. You acknowledge that any reliance on material posted via the Service will be at your own risk.
2. PRIVACY POLICY
Protecting users' privacy is very important to PulsarBox and the Third Parties. As a condition of downloading and using the Software, you agree to the terms of the Privacy Policy at http://pulsarbox.com/terms.html, which may be updated from time to time and without notice. Information collected by PulsarBox or Third Parties in connection with your use of the Software may be stored and processed in the United States or any other country in which PulsarBox, its agents, the Third Parties or their agents maintain facilities. Accordingly, by using the Software you consent to any transfer of such information outside of your country. You acknowledge and agree that PulsarBox and/or Third Parties may access, preserve, and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms and Conditions, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of PulsarBox, its users, Third Parties, their users, and the public. Neither PulsarBox nor any Third Party will be responsible or liable for the exercise or non-exercise of rights under these Terms and Conditions.
PulsarBox asks for some personal information when you sign up to use PulsarBox Desktop or Mobile, including your email address and a password, which is used to protect your account from unauthorized access.
In addition to publishing your content, you may also provide additional profile information, such as a photo, birthday, location, etc. and can edit your profile at any time on our profile administration page.
PulsarBox servers automatically record information about your use of the service, such as when you use PulsarBox Desktop and Mobile and the frequency and size of data transfers. Information displayed or clicked in the PulsarBox interface (including UI elements, settings, and other information) is also recorded. If you are logged in we may associate that information with your account.
If you choose to use PulsarBox Mobile, we will record your phone number when you send a text message, photos, or SMS to or from PulsarBox. Your phone number may be associated with your PulsarBox Account or, if you do not have a PulsarBox Account, with some other similar account ID. We often generate this account ID based on your device and hardware IDs, so if you change your device or hardware, you will have to re-associate this new device or hardware with your account before we can authenticate you.
You agree that PulsarBox has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. PulsarBox retains the right to create limits on use and storage at our sole discretion at any time with or without notice.
3. PROPRIETARY RIGHTS
You acknowledge that (a) the Software contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) PulsarBox and/or Third Parties own all right, title and interest in and to the Software and software provided through or in conjunction with the Software, including without limitation all Intellectual Property Rights therein and thereto. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Software, (iii) use the Software to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter PulsarBox's or any Third Party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software.
4. AUTOMATIC UPDATES
The Software may communicate with PulsarBox servers and/or Third Party servers from time to time to check for available updates to the Software, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). By installing the Software, you agree to automatically request and receive Updates.
5. EXPORT RESTRICTIONS
The Software may be subject to export controls or restrictions by the European Union or other countries or territories. You agree to (i) comply with the requirements of the U.S. Department of Commerce (DOC) Export Administration Regulations (EAR) (see http://www.bis.doc.gov) and all applicable international, national, state, regional and local laws, and regulations, including without limitation any applicable import and use restrictions, (ii) not export, or re-export, directly or indirectly, the Software to any country outlined in the EAR, nor to any person or entity on the DOC Denied Persons, Entities and Unverified Lists, the U.S. Department of State's Debarred List, or on the U.S. Department of Treasury's lists of Specially Designated Nationals, Specially Designated Narcotics Traffickers, or Specially Designated Terrorists, (iii) not export, or re-export the Software to any military entity not approved under the EAR, or to any other entity for any military purpose, and (iv) not license, sell, provide or distribute the Software for use in connection with chemical, biological, or nuclear weapons or missiles capable of delivering such weapons.
6. COMPLIANCE WITH LAWS
You agree to comply with all local laws and regulations regarding the download, installation and/or use of the Software.
7. TERMINATION
You may terminate these Terms and Conditions at any time by permanently deleting the Software in its entirety. Your rights automatically and immediately terminate without notice from PulsarBox or any Third Party if you fail to comply with any provision of these Terms and Conditions. In such event, you must immediately delete the Software.
8. SURVIVAL
The provisions of Sections 3, 5, 7, 8, 9, 10, 11, 12, 13, 14 and 15 shall survive any termination or expiration of these Terms and Conditions.
9. INDEMNITY
You agree to hold harmless and indemnify PulsarBox and its subsidiaries, affiliates, officers, agents, and employees, and the Third Parties and their subsidiaries, affiliates, officers, agents, and employees from and against any claim, suit or action arising from or in any way related to your use of the Software or your violation of these Terms and Conditions, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, PulsarBox and/or the Third Parties will provide you with written notice of such claim, suit or action.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a) YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PULSARBOX AND THE THIRD PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) NEITHER PULSARBOX NOR THE THIRD PARTIES MAKE ANY WARRANTY (I) THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THAT THE SOFTWARE WILL BE ERROR-FREE OR BUG-FREE, (III) REGARDING THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE SOFTWARE, AND (IV) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c) ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.
d) NONE OF THE SOFTWARE IS INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PULSARBOX OR ANY THIRD PARTY OR THROUGH THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER PULSARBOX NOR THE THIRD PARTIES SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PULSARBOX OR THE THIRD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SOFTWARE; (II) THE INABILITY TO USE THE SOFTWARE TO ACCESS CONTENT OR DATA; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (V) ANY OTHER MATTER RELATING TO THE SOFTWARE. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
12. EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 10 AND 11 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND PULSARBOX'S AND THE THIRD PARTIES' LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms and Conditions, there shall be no third party beneficiaries to these Terms and Conditions.
14. PULSARBOX SERVICES AND THIRD PARTY PRODUCTS AND SERVICES
Some of the PulsarBox Software is designed to be used in conjunction with PulsarBox's mobile and other services. Accordingly, your use of such PulsarBox Software is also defined by PulsarBox's Terms of Service located at http://pulsarbox.com/terms.html and PulsarBox's Privacy Policy located at http://pulsarbox.com/terms.html. In addition, the Third Party Software may also be governed by applicable licenses, terms of service and privacy policies of the respective Third Parties ("Third Party Licenses and Policies"). Solely with respect to Third Party Software, in the event of a conflict between these Terms and Conditions and any Third Party Licenses and Policies the Third Party Licenses and Policies shall control.
15. MISCELLANEOUS PROVISIONS
a) Entire Agreement. These Terms and Conditions constitute the entire agreement between you and PulsarBox relating to the Software and govern your use of the Software, superseding any prior or contemporaneous agreements between you and PulsarBox regarding the Software.
b) Choice of Law and Forum. These Terms and Conditions and the relationship between you and PulsarBox shall be governed by the laws of Spain without regard to its conflict of law provisions. You and PulsarBox agree to submit to the personal and exclusive jurisdiction of the courts located within the country of Spain.
c) Waiver and Severability of Terms. The failure of PulsarBox to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions shall remain in full force and effect.
d) Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Software or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
e) Headings. The section headings in these Terms and Conditions are for convenience only and have no legal or contractual effect.
f) Comments. If you have comments regarding the Software or ideas on how to improve it, please visit http://pulsarbox.com/contact.html and enter your comments. Please note that by doing so, you also grant PulsarBox and Third Parties permission to use and incorporate your ideas or comments without restriction and without compensation.
16. ADDITIONAL PULSARBOX MOBILE PROVISIONS
a) Legal Notices. You agree to the terms found on our Legal Notices page at http://pulsarbox.com/terms.html and such terms shall be included in the definition of “Terms and Conditions.”
b) Use of Software. For an individual end user, the PulsarBox Mobile Software is made available to and may be used by you only for your personal, non-commercial use according to these Terms of Service. For a business entity end user or government entity end user, the PulsarBox Mobile Software may be used by you and your employees for internal use according to these Terms of Service. Except where you have been specifically licensed by PulsarBox to do so, you may not use the PulsarBox Mobile Software in connection with any products, systems, or applications installed or otherwise connected to or in communication with other systems different than PulsarBox.
c) Content. The content presented to you as part of the PulsarBox Mobile Software, including but not limited to photographic imagery and text data (the “Content”), is protected by Intellectual Property Rights which are owned by the PulsarBox, authors, owners, creators, its third party licensors and partners, and others who provide that Content to PulsarBox. You may not, nor may you allow others to, copy, distribute, display, modify, or otherwise use the Content except as it is provided to you through the PulsarBox Mobile Software, unless you have been specifically told that you may do so by PulsarBox or by the owners of that Content, in a separate agreement. PulsarBox and its licensors make no representations or warranties regarding the accuracy or completeness of this information. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
d) Channel Information. You may not use or distribute information for any commercial purpose.
e) Content of the Service. PulsarBox takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does PulsarBox have any obligation to monitor such third-party content. PulsarBox reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. PulsarBox also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of PulsarBox, its users and the public. PulsarBox will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
f) Intellectual Property Rights. PulsarBox's Intellectual Property Rights. You acknowledge that PulsarBox owns all right, title and interest in and to the Service, including all intellectual property rights. PulsarBox Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. As described immediately below, PulsarBox Rights do not include third-party content used as part of the Service, including the content of communications appearing on the Service.
Your Intellectual Property Rights. PulsarBox claims no ownership or control over any Content submitted, posted or displayed by you on or through PulsarBox services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through PulsarBox services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through PulsarBox services which are intended to be available to the members of the public, you grant PulsarBox a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on PulsarBox services for the purpose of displaying and distributing PulsarBox services. PulsarBox furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
g) No Resale of the Service. Unless expressly authorized in writing by PulsarBox, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, or (c) access to the Service.
h) Termination; Suspension. PulsarBox may, in its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes. Sections of the Agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.
i) Indemnification. You agree to hold harmless and indemnify PulsarBox, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, PulsarBox will provide you with written notice of such claim, suit or action.
PulsarBox is a service for communication, self-expression and freedom of speech. We believe PulsarBox increases the availability of information, encourages healthy debate, and makes possible new connections between people.
We respect our users' ownership of and responsibility for the content they choose to share. It is our belief that censoring this content is contrary to a service that bases itself on freedom of expression.
In order to uphold these values, we need to curb abuses that threaten our ability to provide this service and the freedom of expression it encourages. As a result, there are some boundaries on the type of content that can be hosted with PulsarBox. The boundaries we've defined are those that both comply with legal requirements and that serve to enhance the service as a whole.
Content Boundaries
Our content policies play an important role in maintaining a PulsarBox experience for the users. Please respect these guidelines. From time to time, we may change our content policies so please check back here.
PORNOGRAPHY AND OBSCENITY:
Pornography and Obscenity: Image and video content that contains nudity, sexually graphic material, or material that is otherwise deemed explicit by PulsarBox should be made private.
Pedophilia, Incest and Bestiality: Users may not publish written, image or video content that promotes pedophilia, incest and bestiality.
Commercial Pornography: We do not allow content that exists for the primary purpose of monetizing porn content or driving traffic to a monetized pornography site.
Child Pornography: PulsarBox has a zero-tolerance policy against child pornography, and we will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.
HATEFUL CONTENT: Users may not publish material that promotes hate toward groups based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity.
VIOLENT CONTENT: Users may not publish direct threats of violence against any person or group of people.
COPYRIGHT: It is our policy to respond to clear notices of alleged copyright infringement.
PRIVATE AND CONFIDENTIAL INFORMATION: We do not allow the unauthorized publishing of people's private and confidential information, such as credit card numbers, Social Security Numbers, and driver's and other license numbers.
IMPERSONATION: We do not allow impersonation of others through our services in a manner that is intended to or does mislead or confuse others.
UNLAWFUL USE OF SERVICES: Our products and services should not be used for unlawful purposes or for promotion of dangerous and illegal activities. Your account may be terminated and you may be reported to the appropriate authorities.
SPAM, MALICIOUS CODES AND VIRUSES: We do not allow spamming or transmitting malware and viruses.