terms & conditions

Terms & Conditions

 

Welcome to the Pulse website, www.pulse.ua, owned and operated by Pulse International. Except as otherwise noted herein, these terms and conditions (collectively, the "Terms") govern your use of the Pulse International website and Pulse International services, applications, content, and products (collectively, the "Site"). Please read these Terms carefully because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. Pulse International reserves the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes. Pulse International provides you with access to and use of the Site subject to your compliance with the Terms. Except as otherwise provided on the Site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of Pulse International. We grant you a personal, limited, nonexclusive, non-transferable license to access the Site and to use the information and services contained here solely for your personal, non-commercial use as described below. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend, or discontinue any aspect of the Site, including , but not limited to, the Materials and Content on the Site as well as features and / or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on the use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and / or limitations at any time, in our sole discretion.

 

Prohibited Uses

The Site may be used only for lawful purposes and is only available for your personal, non-commercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the Site. Pulse International specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:

* posting any information which is incomplete, false, inaccurate or not your own

* engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol

* communicating, transmitting or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it

* communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner

* communicating, transmitting or posting material that infringes on any other intellectual property, privacy or publicity right of another

* communicating, transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws

* attempting to interfere in any way with the Site's or Pulse International's networks or network security, or attempting to use the Site's service to gain unauthorized access to any other computer system

* communicating, transmitting, or posting material that is in violation of applicable laws or regulations

 

Security Rules

Violations of system or network security may result in civil or criminal liability. Pulse International investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

* accessing data not intended for you or logging on to a Pulse International server or account that you are not authorised to access

* attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation (or succeeding in such an attempt)

* attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, email bombing or crashing the Site

* forging any TCP / IP packet header or any part of the header information in any email or transmission or posting to our Site

International Use

We control and operate the Site from Ukraine, and all information is processed within Ukraine. We do not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Site.

Proprietary Rights

As between you and Pulse International (or any other company whose marks appear on the Site), Pulse International (or the respective company) is the owner and / or authorised user of any registered or unregistered trademark, trade name and / or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The Pulse International logos, designs, titles, and phrases, and the copyrights, trademarks, service marks, trade dress and / or other intellectual property in such materials (collectively, "Pulse International Intellectual Property") are owned by Pulse International. You agree not to display or use Pulse International Intellectual Property in any manner without Pulse International's prior permission. Nothing on the Site should be construed to grant any license or right to use any Pulse International Intellectual Property without the prior written consent of Pulse International. Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute, or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by Pulse International. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of Ukraine and / or other countries, and you may be subject to liability for such unauthorised use. The information on the Site, including, without limitation, all site design, text, graphics, interfaces and the selection and arrangements of such is protected by law, including, but not limited to, copyright law.

 

User Content and Material

We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you (i) submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest, which are tagged with #Pulse or any other Pulse International promoted hashtag (collectively "User Content") shall be deemed nonconfidential and nonproprietary. By submitting or posting any User Content, you grant to Pulse International and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce , sell, display, transmit, publish, broadcast, host, archive, store, cache, use, or otherwise exploit all or any portion of the User Content, as well as your name, persona, and likeness included in any User Content and your social media account handle, username, real name, profile picture and / or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology , whether now known or hereafter developed, including but not limited to printed marketing materials, emails, web pages, social media accounts, and for any other marketing, advertising, public relations, sales, or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. Pulse International will be free to use any ideas, concepts, know-how, or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products that incorporate or otherwise rely upon such information. Pulse International shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. Pulse International retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.

By submitting or posting User Content on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and / or likeness without the need for payment to you or any other person or entity ; (iii) you are 18 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libellous, defamatory, obscene, offensive, threatening, or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers, or any contact information or (e) contain computer viruses, worms, or other harmful files.

 

Upon request by Pulse International, you will furnish Pulse International any documentation, substantiation or releases necessary to verify your compliance with these Terms. You are solely responsible for the User Content and you hereby agree to indemnify and hold Pulse International and its employees, agents, affiliates, assigns, and licensees harmless from any and all damages, claims, expenses, costs, or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

 

Pulse International does not guarantee the truthfulness, accuracy, or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge Pulse International and its officers, directors, employees, and agents from any and all claims, demands, and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by Pulse International or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, "moral rights", or rights of attribution and integrity. You acknowledge and agree that Pulse International has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. Pulse International acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If Pulse Ltd becomes aware of any User Content that allegedly may not conform to these Terms, Pulse International may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. Pulse International has no liability or responsibility to Users for performance or nonperformance of such activities.

 

PULSE INTERNATIONAL HAS THE ABSOLUTE RIGHT TO REMOVE AND / OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND / OR DELETION AND WAIVE ANY CLAIM AGAINST PULSE LTD FOR SUCH REMOVAL AND / OR DELETION. PULSE INTERNATIONAL IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE OR ANY OTHER SITES OR PLATFORMS.

Privacy Policy

Notwithstanding anything else to the contrary contained in these Terms of Use, Pulse International's use of any personally identifiable information (name, etc.) you provide via the Site shall be governed by our Privacy Policy. For further information regarding Pulse International's protection of your personal information, please refer to our Privacy Policy page.

Disclaimers and Limitation of Liability

Pulse International publishes information on its Site as a convenience to its visitors. While Pulse International attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice.

 

You assume all responsibility and risk with respect to your use of the Site, which is provided "AS IS". PULSE INTERNATIONAL DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND THE MATERIALS, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION IN ANY PARTICULAR PURPOSE. PULSE INTERNATIONAL DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. PULSE INTERNATIONAL MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

Pulse International makes no warranties of any kind regarding any non-Pulse International sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Pulse International makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Pulse International sites. Pulse International does not endorse, warrant, or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

 

IN NO EVENT SHALL PULSE INTERNATIONAL, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXITPLARY DEMECT CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVENES ITEN SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Indemnity

You agree to defend, indemnify, and hold Pulse International, its directors, officers, employees, agents, and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right.

 

Governing Law and Disputes

These Terms shall be governed by, construed, and enforced in accordance with the laws of Ukraine, without giving effect to any conflict of law provisions. Any dispute relating in any way to these Terms, your visit to the Site, or to any purchase, return or other transaction with Pulse International shall be submitted to confidential arbitration in Kyiv, Ukraine. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

 

General Information

These Terms constitute the entire agreement between you and Pulse International and govern your use of the Site, and they supersede any prior agreements between you and Pulse International. You may also be subject to additional terms and conditions that are applicable to certain parts of the Site. Pulse International may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in Pulse International's sole discretion you fail to comply with any provision of these Terms.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between Pulse International and you as a result of this Agreement or your use of the Site.

Any claim or cause of action you may have with respect to Pulse International or the Site must be commenced within one (1) year after the claim or cause of action arose.

 

The failure of Pulse International to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.

 

You may not assign the Terms or any of your rights or obligations under the Terms without Pulse International's express written consent. The Terms inure to the benefit of Pulse International's successors, assigns, affiliates, and licenses. The section titles in these Terms are for convenience only and have no legal or contractual effect.

 

To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us, please refer to our Contact Us page.


 

Last Updated 1 December 2021