World Pulse Terms of Service
Welcome to the World Pulse website! We are dedicated to creating a community that is governed by integrity, authenticity and respect for all voices. World Pulse Voices ("WPV", "we", "us" or "our") owns and operates the World Pulse website ("Site") and provides the services offered through the Site ("Services") subject to these Terms of Service ("TOS"). Please be aware that by registering with and/or otherwise using the Site, including any Services, you agree to the following:
1. Acceptance of Terms
These Terms of Service ("TOS") may be updated by us from time to time without notice to you. You can review the most current version of these TOS at any time at http://www.worldpulse.com/about/terms. We recommend that you check back here from time to time to review the most current version of these TOS. If you do not agree to these TOS, please do not use the Site.
When using certain Services you may be subject to posted guidelines or rules applicable to those Services, which are in addition to these TOS. All such additional guidelines and rules are hereby incorporated by reference into these TOS.
2. Description of Services
The Site (including the Services) may include third party advertisements. After registering with the Site you may receive certain communications from WPV, including service announcements and administrative messages, and you will not be able to opt out of receiving these communications unless you terminate your registration with the Site. To terminate your registration, please contact us at email@example.com.
You are responsible for obtaining access to the Site (including all Services), and said access may involve third party fees (such as Internet service provider and/or airtime charges). You are solely responsible for payment of those fees. In addition, you must provide and are responsible for all equipment necessary to access the Site (including all Services). The Site (including all Services) are provided "AS-IS" and that WPV assumes no responsibility for the operation of the Site (including all Services), including without limitation the timeliness, deletion, mis-delivery and/or failure to store any communications and/or personalization settings on the Site (and/or the Services).
3. Your Obligations as a Registered User
You are required to: (a) provide accurate, current and complete information about yourself, as prompted by the Site registration form ("Registration Data") and (b) maintain and promptly update, as necessary, the Registration Data to keep it accurate, current and complete. WPV may, in its sole discretion and without notice to you, suspend or terminate your registration or your use of all or any part of the Site (including all or part of any and all Services) at any time and for any reason, including without limitation if you provide any Registration Data and/or other information that is inaccurate, not current and/or incomplete, or if WPV has reasonable grounds to suspect that you have provided any Registration Data and/or other information that is inaccurate, not current and/or incomplete.
WPV is concerned about the safety and privacy of all Site (and Services) users, particularly children. For this reason, persons under the age of 13 are prohibited from using the Site (including any Services) without authorization from and supervision by a parent or legal guardian. Please remember that the Site (including the Services) is designed to appeal to a broad audience. Accordingly, parents and legal guardians are solely responsible for determining whether the Site (including the Services), in whole or in part, are appropriate for persons under the age of 13.
4. Registered User Account, Password, and Security
You are solely responsible for maintaining the confidentiality of any password and other login information you use in connection with the Site (including any Services), and you are solely responsible for all activities that occur in connection with said password. For that reason we recommend that you sign out of the Site at the end of each session of your use of the Site. You are required to immediately notify WPV of any unauthorized use of your password, other login information and/or other account details, and/or of any breach of security that you become aware of or have reasonable grounds to suspect, in connection with the Site (including any Services). WPV will not be liable for any loss, damage or other harm arising from your failure to comply with this Section 4.
6. Permissible Content and Site Usage
All information, data, text, software, music, sound, photographs, graphics, video, messages and other material that is uploaded, posted, emailed, transmitted and/or otherwise made available through the Site (including the Services), whether publicly or privately (collectively, "Content"), is the sole responsibility of the person or entity that made said Content available. This means that you, and not WPV, are entirely responsible for all Content that you have made available through the Site (including the Services). WPV does not endorse the opinions expressed in any Content that it has not authored, nor does WPV guarantee the accuracy, integrity or quality of any Content whatsoever. You understand that by using the Site (including the Services), you may be exposed to Content that is offensive, indecent, objectionable, inaccurate, not current and/or incomplete. Under no circumstances will WPV be liable to you in any way for any Content, including without limitation for any of the opinions expressed in any Content, errors or omissions in any Content, and/or loss, damage or other harm incurred as a result of the publication and/or use of any Content.
You may not use the Site (including the Services) to:
- upload, post, email, transmit and/or otherwise make available any Content that is unlawful, harmful, abusive, harassing, threatening, tortious, pornographic, obscene, vulgar, profane, hateful, defamatory, false or misleading, invasive of another's privacy, and/or racially, ethnically, religiously or otherwise objectionable, all as solely determined by WPV;
- harm other persons and/or entities in any way;
- impersonate any person or entity, including without limitation a WPV staff member and/or forum moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content;
- upload, post, email, transmit or otherwise make available any Content that you are prohibited from making available by law and/or under a contractual or fiduciary relationship (such as inside information and/or proprietary and confidential information learned as part of an employment relationship or under a nondisclosure agreement);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary right ("Rights") of WPV or any third party;
- upload, post, email, transmit or otherwise make available any advertising, promotional material, junk mail, spam, chain letter, pyramid scheme, or solicitation, without express authorization from WPV and/or the recipient, as applicable;
- upload, post, email, transmit or otherwise make available any material that contains software viruses and/or any other computer code, file or program designed to interrupt, destroy and/or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt or otherwise interfere with the Site, including without limitation any servers and/or networks connecting to the Site, and/or disobey any policies or procedures of servers and/or networks connecting to the Site;
- intentionally or unintentionally violate any applicable local, state, national and/or international law;
- "stalk" or otherwise harass another person and/or entity; and/or collect and/or store personal information about Site users.
You may not access the Site (or the Services) by any means other than the interface provided by WPV for accessing the Site (and the Services).
7. International Use
Recognizing the global nature of the Internet, you are required to comply with all local rules of every jurisdiction where the Site is available regarding online conduct and acceptable Content. Specifically, and among other things, you are required to comply with all applicable laws regarding the transmission of technical data exported from the United States, from the country in which you reside, and/or from the country in which you use the Site (including the Services).
8. Content Ownership
WPV does not claim ownership of Content you make available through and/or for inclusion on the Site (including the Services). However, with respect to Content you make available for inclusion on publicly accessible areas of the Service, you hereby grant to WPV the worldwide, perpetual, royalty-free, irrevocable and fully sublicensable right to distribute, reproduce, publish, publicly display, publicly perform, modify, adapt, translate, and otherwise use such Content (in whole or in part), and to incorporate such Content (in whole or in part) into other materials in any format or medium now known or later developed, in WPV's sole discretion, without notice, payment, attribution or other obligation to you of any kind.
You will indemnify and hold WPV and its directors, officers, employees, subsidiaries, affiliates, agents, representatives, co-branders and other partners, and designees harmless against and from all claims, demands, actions, losses, judgments, liabilities, damages, penalties, costs and expenses (including reasonable attorneys' fees), arising out of or otherwise relating to (i) Content you make available through the Site (including the Services), (ii) your use of the Site (including the Services and any Content), (iii) your violation of these TOS, (iv) your negligence and/or willful misconduct, and/or (v) your violation of any rights of any kind of another person and/or entity.
10. No Misuse of Site
You will not reproduce, sell, or otherwise use all or any part of the Site (including the Services and any Content that you have not authored) for any commercial purpose, without the prior express written permission of WPV. For the avoidance of doubt, the Service is made available to you solely for your personal non-commercial use, unless otherwise expressly permitted by WPV.
You understand it is a breach of these TOS to use the Site (including the Services) to send commercial bulk email, also known as spam, and that such breach would cause WPV to suffer significant, material damage, the amount of which damage would be uncertain and not readily ascertainable. Accordingly, as compensation for such breach you will pay WPV US $10,000 each day that you send spam through the Site (including the Services), and that such payment is reasonable and not disproportionate to the anticipated probable harm that your breach would cause WPV to suffer.
11. General Practices Regarding Site Use
WPV may establish general practices and limits concerning use of the Site (including the Services), including without limitation setting a maximum number of days that email messages, postings and/or other Content will be retained by the Site, the maximum number of email messages that may be sent and/or received by a Site registrant, the maximum size of any email messages that may be sent and/or received by a Site registrant, the maximum disk space that will be allotted on WPV's servers on behalf of a Site registrant, and the maximum number of times (and the maximum duration for which) a user may access the Site (and/or any particular Service) in a given period of time. WPV will have no responsibility or liability for its storage, failure to store, and/or deletion of any Content. WPV may log out accounts and/or terminate Site registrations (without notice) that are inactive for an extended period of time, in its sole discretion.
12. Modifications to Service
WPV may modify or discontinue, temporarily or permanently, all or part of the Site (including any or all Services, and any or all Content) without notice to you. WPV shall not be liable to you or any third party for any modification, suspension and/or discontinuance of all or any part of the Site (including any or all Services, and any or all Content), and/or your access thereto and/or use thereof.
The Site may display (including as provided by third parties) links to other websites not owned or operated by WPV. Because WPV has no control over such sites WPV is not responsible for the availability or non-availability of such sites, and WPV does not endorse and is not responsible for any content (including without limitation any goods and/or services) available, directly or indirectly, through such sites. Further, WPV shall not be responsible for any damage, loss or other harm arising from use of or reliance on any such content (including without limitation any goods and/or services) available, directly or indirectly, through such sites. WPV encourages you to carefully review the policies of any such sites that you access.
14. Dealings with Advertisers
Your correspondence and/or other dealings with (including without limitation your participation in promotions of) advertisers and other third parties found, directly or indirectly, through the Site (including without limitation payment for, receipt of and/or use of any third party goods and/or services), and any terms, conditions, warranties and/or representations associated with such dealings, are solely between you and such third parties. WPV shall not be responsible or liable for any loss, damage or other harm of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Site.
15. WPV's Proprietary Rights
The Site (including the Services) contains proprietary information and material owned by WPV and/or its licensors, which is protected by applicable intellectual property and other laws. Additionally, Content is protected by copyright, trademark, patent and/or other proprietary rights and laws. Except as expressly authorized by WPV in writing or by another owner of any Content, as applicable, you may not distribute, reproduce, publish, publicly display, publicly perform, modify, adapt, translate, sell, and otherwise use that Content (in whole or in part), and/or to incorporate that Content (in whole or in part) into any other material. Further, you may not remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notice provided on the Site (including any Content). Nothing provided on the Site should be construed as granting, by implication, estoppel or otherwise, any right to use any Content, unless explicitly and unambiguously stated. The restrictions set forth in this Section 15 are in addition to the restrictions set forth in Section 10 of these TOS. Be aware that in the event that you misuse any Content in violation of these TOS, WPV may aggressively enforce its rights to the fullest extent of the law, including by seeking criminal prosecution against you.
WPV may, in its sole discretion, and without notice to you, terminate your password and/or other login information, Site account (or any part thereof), and/or access to and/or use of all or part of the Site (including the Services and the Content), and remove, delete and/or discard any Content accessed through the Site (including without limitation any information in your Site account), at any time and for any reason, including without limitation for lack of use and/or if WPV believes in its sole discretion that you have violated or acted inconsistently with the letter or spirit of these TOS and/or any other guidelines or rules applicable to the Site, Services and/or Content.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SITE (INCLUDING ALL SERVICES AND CONTENT) IS AT YOUR SOLE RISK. WPV EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- WPV MAKES NO WARRANTY THAT (i) THE SITE (INCLUDING ANY SERVICES OR CONTENT) WILL MEET YOUR REQUIREMENTS, (ii) THE SITE (INCLUDING ANY SERVICES OR CONTENT) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE (INCLUDING ANY SERVICES OR CONTENT) WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SITE (INCLUDING ANY SERVICES OR CONTENT) WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SITE (INCLUDING ANY SERVICES OR CONTENT) WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SITE (INCLUDING ANY SERVICES OR CONTENT) IS OBTAINED AT YOUR OWN DISCRETION AND SOLE RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA AND/OR OTHER HARM THAT RESULTS FROM SUCH MATERIAL AND/OR THE ACT OF OBTAINING SUCH MATERIAL.
- NO ADVICE OR OTHER INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WPV OR THROUGH THE SITE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS.
18. LIMITATION OF LIABILITY
WPV SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE AND/OR DATA, AND/OR ANY OTHER INTANGIBLE LOSSES (EVEN IF WPV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OF OR THE INABILITY TO USE THE SITE (INCLUDING ANY SERVICES AND/OR CONTENT); (ii) THE NEED TO PROCURE SUBSTITUTE GOODS AND/OR SERVICES AS A RESULT OF ANY INFORMATION, GOODS AND/OR SERVICES OBTAINED, TRANSACTIONS ENTERED INTO THROUGH, AND/OR COMMUNICATIONS RECEIVED THROUGH THE SITE (INCLUDING ANY SERVICES AND/OR CONTENT); (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR REGISTRATION DATA AND/OR OTHER CONTENT; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE (INCLUDING THE SERVICES AND/OR CONTENT); AND/OR (v) ANY OTHER MATTER RELATING TO THE SITE (INCLUDING THE SERVICES AND/OR CONTENT). Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Notwithstanding the foregoing, if WPV is found to be liable to you for any damage or loss which arises out of or is in any connected with your use of the Site (including any Services and/or any Content), in no event shall WPV's total liability exceed US $5.00.
Except as otherwise stated in these TOS, notices to you may be made via either email or regular mail.
20. No Third Party Beneficiaries
Except as otherwise expressly provided in these TOS, there shall be no third party beneficiaries to these TOS.
21. Trademark Information
World Pulse, World Pulse Voices, the World Pulse logo, PulseWire, the PulseWire logo, WorldPulse.com, PulseWire.net, Voices Rising, Resource ExChange, Sharing Solutions, Voices of Our Future, No One Speaks For Me, and other WPV product and service names and logos are trademarks of WPV (collectively, the "World Pulse Marks"). You may not reproduce, distribute, display and/or otherwise use the World Pulse Marks in any manner without WPV's prior express written permission.
22. Copyrights and Digital Millennium Copyright Act (DMCA) Notice
WPV respects the intellectual property of others and we ask our users to do the same. If you believe that your work has been copied on or by the Site in a way that constitutes copyright infringement, or that your intellectual property rights have been violated in some other way, please send WPV the following information in writing ("DMCA Notice'):
- identification of the copyrighted work or other intellectual property work that you claim has been infringed;
- identification of the material that you claim is infringing, and reasonably sufficient information to permit WPV to locate that material;
- information reasonably sufficient to permit WPV to contact you, such as your mailing address, telephone number, and email address;
- a statement that you have a good faith belief that the use of the material that you claim is infringing is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that all the information in your DMCA Notice is accurate, that you are the owner of copyright or other exclusive intellectual property in the work you claim has been infringed, or that you are authorized to act on the behalf of said owner; and
- your electronic or physical signature.
All DMCA Notices should be sent to WPV's designated agent as follows: INFO@WORLDPULSE.COM
23. General Information
Entire agreement. These TOS constitute the entire agreement between you and WPV and govern your use of the Site (including the Services and Content), superseding all prior agreements between you and WPV relating to the Site (including the Services and Content). For the avoidance of doubt, you may be subject to additional terms and conditions, not expressly set forth in these TOS, but incorporated into these TOS by reference, in connection with certain Services.
Choice of law and forum. These TOS and the relationship between you and WPV shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions. You and WPV agree to submit to the personal and exclusive jurisdiction and venue in the courts located within Multnomah County, Oregon.
Waiver and severability of terms. The failure of WPV to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS 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 TOS will remain in full force and effect.
No right of survivorship and non-transferability. Your rights to use your Site account are non-transferable, and any rights to your Site password, other login information, and account details and other content terminate upon your death, if not earlier terminated.
Statute of limitations. Regardless of any statute or legal principle to the contrary, any claim or cause of action arising out of or related to the Site (including the Services and/or the Content) and/or these TOS must be filed within one (1) year after such claim or cause of action arose or it will be forever barred.
The section titles and subtitles in these TOS are for convenience only and have no legal or contractual effect.
Please report any violations of these TOS via email to firstname.lastname@example.org.
or via postal Mail at:
909 NW 19th Avenue
Portland, OR 97209
These TOS were last updated on April 1, 2010.