When used in these Terms with the initial letters capitalized, in addition to terms defined elsewhere in these Terms, the following terms shall have the following meanings:
- Account means any and all InfoPuls accounts created by User.
- Affiliates means any and all Entities wherever incorporated which is a parent company, a subsidiary and/or an associated company.
- Application means the Site and InfoPuls downloadable software.
- InfoPuls means InfoPuls and its Affiliates.
- Data means all electronic data, text, messages or other materials incorporated in the Application by You in connection with Your use of the Service.
- Other Services means third party products, applications, services, software, products, networks, systems, directories, websites, databases and information which the Service links to, or to which User may connect or enable in connection with the Application, including, without limitation, certain Other Services which may be integrated in the Service.
- Released Parties means InfoPuls, and its officers, directors, shareholders, employees, agents, and successors
- Service means any and all services provided by InfoPuls to User through the use of the Application. Any new or modified features added to the Service are also subject to these Terms.
- Service Plan means the specific plan for which You subscribe, whether free of paid, as detailed on the Site, and the portion of the Service associated with said plan.
- Site means www.infopuls.net and any all other websites owned or operated by InfoPuls and/or its Associates.
- User, You, Your means any individual or entity using the Application and/or the Services.
GENERAL CONDITIONS; ACCESS TO AND USE OF THE SERVICE
2.1 Subject to the agreement and the compliance by User with these Terms, User has the right to access and use the portion of the Service provided for free and with no subscription, as detailed on the Site.
2.2 An Internet connection is required for proper utilization of the Application and transmission of the Service. User is responsible for procuring and maintaining the network connections that connect the network to the Service, including, but not limited to, “browser” software that supports protocols used by InfoPuls, including Secure Socket Layer (SSL) protocol or other protocols accepted by InfoPuls. InfoPuls is not responsible for any modification or compromise of data, including Your Data, caused by the transmission across computer networks or telecommunications facilities which are not owned, operated or controlled by InfoPuls. InfoPuls assumes no responsibility for the reliability or performance of any connections described in this section.
2.3 You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Application and its Service available to any third party; (b) use the Application to process data on behalf of any third party; (c) modify, adapt, or hack the Application or otherwise attempt to gain unauthorized access to the Application or related systems or networks; (d) falsely imply any association or partnership with InfoPuls; (e) use the Application in any unlawful manner, including but not limited to violation of any person’s privacy rights; (f) use the Application to send unsolicited or unauthorized junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages; (g) use the Application to store or transmit files, materials, data, text, audio, video, images or other content that infringes on any person’s intellectual property rights; (h) use the Application in any manner that interferes with or disrupts the integrity or performance of the Application and its components; (i) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of the Site or the Application; (j) use the Application to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; (k) use the Application to knowingly post transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software (“Malicious Software”); (l) try to use, or use the Application in violation of these Terms; (m) obtain or attempt to obtain any materials, documents or information, including namely but not exclusively personal identification, password and other information of any other User through any means not purposely made available through the Application; (n) probe, scan, or test the vulnerability of any system or network of InfoPuls or breach any security or authentication measures, avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by InfoPuls to protect the Application, or Site (o) misrepresent yourself, your age or impersonate any other individual or entity.
2.4 The Service is not available to individuals who are younger than 18 years old. You may not use the Site if you are not of a legal age to form a binding contract and otherwise capable of entering into these Terms. InfoPuls does not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from submitting their personally identifiable information to InfoPuls; any information submitted by such users will not knowingly be used, posted, or retained by InfoPuls.
2.5 User is responsible for compliance with the provisions of these Terms and for any and all activities that occur under the Account, as well as for Your Data. User also maintains all responsibility for determining whether the Application and its Service or the information generated thereby is accurate or sufficient for its purposes. Access to and use of portion of the Application is restricted to one person per subscription to the Application. User will be identified by a unique username and password (“Login”) and that an individual Login may only be used by one (1) individual. User will not share their Login among multiple individuals. Users are responsible for maintaining the confidentiality of all Login information related to the Account.
2.6 InfoPuls reserves the right, in InfoPuls’s discretion, to temporarily suspend Your access to and use of the Application: (a) during planned downtime for upgrades and maintenance; (b) during any unavailability of the Application caused by Force Majeure events or circumstances; (c) if InfoPuls suspects or detects any malicious software or file connected to Your Account or use of the Application by You; (d) for any other reason which InfoPuls deems reasonable. InfoPuls will use commercially reasonable efforts to schedule planned downtime for weekends (Pacific time zone) and other off-peak hours. InfoPuls will use commercially reasonable efforts to communicate in advance the planned downtime periods to Users.
DATA PRIVACY AND SECURITY; CONFIDENTIALITY
3.1 InfoPuls will maintain commercially reasonable administrative, physical and technical safeguards to protect the security, confidentiality and integrity of Your Data.
3.2 You agree that InfoPuls and the service providers InfoPuls uses to assist in providing the Application to You shall have the right to access Your Account and to use, modify, reproduce, distribute, display and disclose Your Data solely to the extent necessary to provide the Application and its Service, including, without limitation, in response to Your support requests. Any third-party service providers InfoPuls utilizes will only be given access to Your Account and Your Data as is reasonably necessary to provide the Application and its Service. InfoPuls may also access or disclose information about the Account, Your Data, Users in order to (a) comply with the law or respond to lawful requests or legal process; (b) protect InfoPuls’s or its customers’ or partners’ rights or property, including enforcement of these Terms or other policies associated with the Application; (c) act on a good faith belief that such disclosure is necessary to protect personal safety or avoid violation of applicable law or regulation.
INTELLECTUAL PROPERTY RIGHTS
The trademarks including the mark InfoPuls as shown on the Site, the Software or the Documentation are trademarks owned by InfoPuls (collectively, “InfoPuls Trademarks”). Unless otherwise provided by applicable laws or regulations, InfoPuls Trademarks may not be used in any manner other than expressly authorized in a written agreement.
InfoPuls shall maintain all rights, title and interest in and to InfoPuls patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”). The rights granted to You to use the Application under these Terms do not convey any additional rights in the Application, or in any Intellectual Property Rights. InfoPuls shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Application or otherwise use any suggestions, enhancement requests, recommendations or other feedback InfoPuls receives from You. InfoPuls reserves all rights not expressly granted to You.
THIRD PARTY SERVICES
If You decide to enable, access or use Other Services, be advised that Your access and use of such Other Services is governed by the terms and conditions of such Other Services, and InfoPuls does not endorse, is not responsible or liable for, and makes no representations as to any aspect of such Other Services, including, without limitation, the accuracy, completeness or authenticity of the information contained or the manner in which the service providers of such Other Services handle data, including Your Data, or any interaction between You and the service provider. You irrevocably waive any claim against InfoPuls with respect to such Other Services. InfoPuls is not liable for any damage or loss caused or alleged to be caused by or in connection with Your enablement, access or use of any such Other Services, or Your reliance on the privacy practices, data security processes or other policies of such Other Services. You may be required to register for or log into such Other Services on their respective websites. By enabling any Other Services, You are expressly permitting InfoPuls to disclose Your Login as well as Your Data as necessary to facilitate the use or enablement of such Other Service.
The Application may contain features and functionalities that may link You or provide You with access to third party content which is completely independent of InfoPuls, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general. Your interactions with organizations or individuals found on or through the Application are solely between you and such organizations or individuals. You should make whatever investigation You feel necessary or appropriate before proceeding with any interaction with any of the third parties providing Other Services. You agree that InfoPuls is not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings.
If there is a dispute between Users, or between Users and any third party, You understand and agree that InfoPuls is under no obligation to become involved. In the event that You have a dispute with any other User, You hereby release the Released Parties from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
LINKING THIRD PARTIES ACCOUNTS TO YOUR ACCOUNT
When You agree to link any third-party account including but not limited to any email account or other social network account to Your Account, You agree to the terms contained in this section.
You understand that all information, data, text, messages, etc. contained in any third-party accounts originating from a separate social networking website, are the sole responsibility of the third-party entity from where such content originated. InfoPuls does not guarantee the accuracy, integrity, or quality of any such third-party content. Under no circumstances will InfoPuls be liable in any way for any third-party content, including, but not limited to, any errors or omissions in any Content.
You authorize InfoPuls to access information maintained by identified third parties (the merchants or other service providers that You link to Your Account). Solely to provide You the Application, You appoint InfoPuls as your agent to access third-party websites, retrieve, and use Your information with the full power and authority to do and perform each thing necessary in connection with such activities. You acknowledge and agree that when InfoPuls is accessing and retrieving information from third-party websites, InfoPuls is acting as Your agent, and not as the agent of or on behalf of the third party.
All copyright, patent, and trademark rights to any of the information InfoPuls accesses on Your behalf is retained. By authorizing InfoPuls to access the information, You grant InfoPuls a world-wide, non-exclusive, sub-licensable, royalty-free, fully paid up, transferable license to reproduce, distribute, publicly display, modify, and use the information without compensation to You for the exclusive purpose of providing the Application and its Service. You waive any rights You may have regarding the information being altered or manipulated in any way that may be objectionable to You.
SERVICE PLANS AND PAYMENTS
7.1 Unless otherwise provided by InfoPuls in writing, charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). User is responsible for paying Taxes except those assessable against InfoPuls based on its income. InfoPuls will invoice User for such Taxes if InfoPuls has or believes it has a legal obligation to do so and User agrees to pay such Taxes if so invoiced.
7.2 If User pays by credit card, the Service provides an interface for the account owner to insert or change credit card information. The User will receive a receipt for each confirmed payment. If User pays by credit card, User agrees that InfoPuls will use a third-party intermediary to manage credit card processing.
InfoPuls reserves the right in its sole discretion to terminate Your Account, delete Your profile and any of Your Data and restrict Your use of all or any part of the Service for any or no reason, without notice, and without liability to you or anyone else. You can terminate Your Account at any time. Termination will take effect immediately. However, termination will not entail the reimbursement of any subscriptions fees paid, if any, that shall remain in full accrued to InfoPuls.
YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE APPLICATION AND ITS SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH THE APPLICATION OR ANY LINKS TO SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE APPLICATION.
THE RELEASED PARTIES WILL HAVE NO LIABILITY FOR NAMELY BUT NOT EXCLUSIVELY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE APPLICATION; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF InfoPuls SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE APPLICATION; (e) ANY COMPUTER VIRUSES OR MALICIOUS CODE THAT MAY BE TRANSMITTED ON OR THROUGH THE APPLICATION; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY FUNCTIONALITY OR CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE APPLICATION.
THE RELEASED PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED, OR OFFERED ON OR THROUGH THE SERVICE OR ANY LINKED WEBSITE.
As some jurisdictions do not allow disclaimer of certain warranties, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE RELEASED PARTIES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF InfoPuls HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE APPLICATION, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE APPLICATION, FROM INABILITY TO USE THE APPLICATION, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE APPLICATION AND ANY SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED ARISING OUT OF OR IN CONNECTION WITH OTHER SERVICES RECEIVED THROUGH THE APPLICATION, AND WITH RESPECT TO DAMAGES IN CONNECTION WITH INFORMATION RECEIVED THROUGH THE APPLICATION OR ANY LINKS CONTAINED THEREIN. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL InfoPuls’S ENTIRE LIABILITY TO YOU EXCEED THE PRICE PAID BY YOU FOR THE SERVICE.
In some jurisdictions, some of the foregoing limitations may not apply.
INDEMNITY OF INFOPULS
InfoPuls won’t be held liable for any delays or failure in performance of any part of the Application, from any cause beyond InfoPuls’s reasonable control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.