Terms of Service
Welcome to PulseBanner website (www.pulsebanner.com). Please read these Terms of Service (the "Terms") carefully as they govern your use of our website, application program interface(s) ("API(s)") and other products and services we may later own or operate (collectively called the "Services").
1. Argreement to these Terms
By using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services.
2. Changes to our Terms of Services
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. If you continue to use the Services, you are indicating that you agree to the modified Terms. We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. ARBITRATION NOTICE: IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS: We Both Agree To Arbitrate. You and PulseBanner agree to resolve any claims relating to these Terms or the Services through final and binding arbitration.
3. Who May Use the Services
You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law.
4. Subscribing and Payment
Subject to these Terms, the Services are provided to you for free up to certain limits and with limited features. Usage over these limits or access to certain features requires you to purchase a subscription. Your rights and obligations will be based on the type of payment plan you choose (i.e., free, personal, or professional). Details about the different types of subscriptions, and the limits and available features associated with the Services, are available at www.pulsebanner.com/pricing You may change the type of subscription at any time by (i) emailing us at [email protected] and following any instructions, if any, we provide to you in response to your change request or (ii) initiating a change through your Account settings within the Services.
4.2 Authorization for Recurring Payments
If you purchase a subscription, you will be charged the then-applicable subscription fee (“subscription Fee”) at the beginning of your subscription and each month, quarter or year thereafter, depending on the term of your subscription, at the then-current rate. subscription Fees are outlined at www.pulsebanner.com/pricing. Please note that our subscription Fees are subject to change, although we will notify you before we effect any change in subscription Fees. By agreeing to these Terms and purchasing a subscription, you acknowledge that your subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your subscription by you or PulseBanner. We (or our third party payment processor) will automatically charge you in accordance with the terms of your subscription (e.g., each month, quarter or year), on the calendar day corresponding to the commencement of your subscription, using the Payment Information you have provided. In the event your subscription begins on a day not contained in a given month, your payment method will be charged on a day in the applicable month or such other day as we deem appropriate. For example, if you started a monthly subscription on January 31st, your next payment date is likely to be February 28th, and your payment method would be billed on that date. We may also periodically authorize your payment method in anticipation of applicable fees or related charges. Your subscription continues until cancelled by you or we terminate your access to or use of the Services or the subscription in accordance with these Terms.
4.3 Cancelling Payments
You may cancel your subscription at any time but please note that such cancellation will be effective at the end of the then-current subscription period. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can either (i) email us at [email protected] and follow any instructions, if any, we provide to you in response to your cancellation request, or (ii) initiate a cancellation through your account settings. You will be responsible for all subscription fees (plus any applicable taxes and other charges) incurred for the then-current subscription period. If you cancel, we will allow you to utilize features associated with such subscription until the most recently paid-up subscription period ends. Cancelling your subscription won’t cancel your account.
5. Content and Content Rights
For purposes of these Terms: (i) “Content” means text, graphics, designs, images, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Users create through the use of the application.
7. Copyright Policy
PulseBanner respects copyright law and expects its users to do the same. It is PulseBanner's policy to terminate in appropriate circumstances Users who repeatedly infringe the rights of copyright holders.
You agree that PulseBanner may identify you and use your logo and trademarks (collectively, the “Marks”) on the Site and in marketing materials to identify you as a user of the Services, and you hereby grant us a non-exclusive, royalty-free license to do so on our Site or in any media now or later developed in connection with any marketing, promotion or advertising of PulseBanner or the Services. If you do not want to allow us the right to use your Marks or identify you or your company you may opt out such marketing requests by emailing us at [email protected]
You will indemnify and hold harmless PulseBanner and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content; (ii) your User Content; or (iii) your violation of these Terms.
11. Limitation of Liability
NEITHER PULSEBANNER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, TOOLS, OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, TOOLS, OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STREAMLUX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12. Governing Law
These Terms and any action related thereto will be governed by the laws of the State of Washington without regard to its conflict of laws provisions.
13. Dispute Resolution for Individual Consumers
Our goal is to provide you with great service, so we’ll try our best to resolve any disagreements that you have with us. If we can’t, then you and we both agree to resolve disputes related to your use of the Services or these Terms (each, a “Claim”) in binding arbitration instead of court, except that a Claim may be brought in small claims court if it qualifies for it. You and we also agree that either party may bring suit in court to enjoin the infringement or other misuse of intellectual property rights.
14. General Terms
These Terms constitute the entire and exclusive understanding and agreement between PulseBanner and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between PulseBanner and you regarding the Services and Content. If for any reason an arbitrator or court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without PulseBanner’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. PulseBanner may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by PulseBanner under these Terms, including those regarding modifications to these Terms, will be given by PulseBanner: (i) via e-mail; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. PulseBanner’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
15. Contact Information
If you have any questions about these Terms or the Services please contact PulseBanner at: [email protected]