Welcome to use Pulssy
- License Grant.
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software includes trade secrets and information that is confidential and proprietary to Pulssy and you agree to take all necessary actions to protect the confidentiality of such information. All ownership rights in the Software and Services, including any related documentation and any new releases, modifications, and enhancements thereto belong solely to Pulssy and its licensors, if any, including all intellectual property rights therein. The Software is licensed, not sold. Title does not pass to you. There is no implied license, right or interest granted in any copyright, patent, trade secret, trademark, invention or other intellectual property right. Pulssy hereby expressly reserves all rights in the Software and all Services which are not expressly granted to you hereunder.
You only obtain a license to use the object code version of the Software. You shall not (i) copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software or any of the Services; (ii) sublicense, sublease, lease, lend, assign, sell, license, distribute, rent, export, re-export or grant other rights in the Software or Service and any attempt by you to take such action shall be void; (iii) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software or any of the Services by any means whatsoever; (iv) remove, obscure or alter any copyright and/or other proprietary notices contained on or in or otherwise connected to the Software or any of the Services; or (v) use the Software or any of the Services to create or proliferate a virus or to circumvent any copy protection or other digital rights management mechanism.
- Additional Restrictions.
You further represent that you shall not (i) use the Software or any of the Services for any illegal or unauthorized purpose, (ii) use the Software or any of the Services in any manner which could damage, disable, overburden or impair any of the Services, (iii) transmit worms, viruses or any code of a destructive nature, (iv) display, transmit or share any content consisting of text, sounds, audio, pictures, photos, video and/or any type of materials, information or communications (“Content”) deemed hateful, threatening, pornographic, obscene, abusive, racially or ethnically offensive, libelous or defamatory, or any Content that encourages conduct that would be considered a criminal offense or bring forth civil liability, (v) attempt to hack, destabilize or adapt Pulssy’s website, the Software (or its source code) or any of the Services, or alter another website so as to falsely imply that it is affiliated with Pulssy, or (vi) use or access any of the Services by any means other than through the interface provided by Pulssy.
- Your Utilization of Your Device.
Content transmitted by the use of the Software and Services is entirely the responsibility of the person from whom such Content originated. You use the Software and Services at your own risk and understand that by using the Software or any of the Services, you may be exposed to Content that is offensive, harmful to minors, indecent or otherwise objectionable. Pulssy does not endorse any Content and hereby expressly disclaims any and all liability in connection with any and all Content transmitted or displayed using the Software and/or Services. You hereby release and discharge the Pulssy Parties (as defined below) from any and all claims and demands arising out of or relating to any Content.
- Your Content.
- Third Parties.
The Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Software falls under the scope of this Agreement.
- New Versions of the Software.
- Third Party Fees.
For particular Devices, Pulssy may ask your permission to use your native SMS application to deliver messages or invitations to people who are not registered users of the Services and with whom you choose to communicate. Some of these services may charge additional fees.
- No Access to Emergency Services.
The Software and Services are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements (“Emergency Services”). There are important differences between traditional telephone services and the Software and Services. You acknowledge and agree that: (i) Pulssy is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations or law; (ii) it is your responsibility to purchase, separately from the Software, traditional wireless (cellular) or fixed line telephone services that offer access to Emergency Services, and (iii) Pulssy is not a replacement for your primary telephone service.
- Prevention of Unauthorized Use.
Pulssy reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Software or Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your wireless (cellular) carrier regarding such unauthorized use.
- License Grant to Pulssy.
You hereby authorize Pulssy to collect and use the address books, contact lists, and unique phone identifiers (IMEI, UDID, or other) contained in the Devices to which you have downloaded the Software for purposes of your use of the Services.
- Premium and all kind of paid contents & item Services.
- Payments for Premium and all kind of paid contents & item Services.
The Premium and all kind of paid contents & item Services may be offered on a subscription basis, per usage basis or as otherwise described at the time of your purchase, and may be payable in advance, in arrears, per usage, or as otherwise described at the time of your purchase. If you purchase any Premium and all kind of paid contents & item Services, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the charges are payable and whether charged by Pulssy or the online application store from which you downloaded the Software (the “Application Store”). You agree to abide by any relevant terms of service or other legal agreement that governs your use of a given payment processing service and/or method. If you purchase Premium and all kind of paid contents & item Services on a subscription basis, you acknowledge and agree that this is a recurring payment and payments shall be made by the payment method and payment intervals you have selected, until the subscription for the Premium and all kind of paid contents & item Services is terminated. You agree that if you purchase Premium and all kind of paid contents & item Services through an Application Store, all payment related questions, issues, disagreements and/or disputes shall be handled in accordance with the terms of service or other legal agreement that governs your use of a given payment processing service and/or method, and in no event will Pulssy have any responsibility in connection with any of the foregoing.
You may request a full refund for any Premium and all kind of paid contents & item Service purchased from an Application Store if permitted by, and pursuant to the refund rules of, the Application Store. Exceptions – 1) refunds are not available to users who are banned by Pulssy and its community, and 2) full-refunds are not available for partial-used purchases.
- Termination by You.
You may terminate your use of the Services at any time by uninstalling and deleting the Software from all of your Devices. If you have subscribed to any Premium and all kind of paid contents & item Services, you agree that you are solely responsible for directly terminating all payment obligations you may have with any Application Store and/or payment processing service in connection with the Premium and all kind of paid contents & item Services.
- Termination by Pulssy.
- Storage of Content.
- Third-Party Sites, Products and Services; Links.
- No Warranty.
The Software and Services are provided to you “AS IS” and “AS AVAILABLE” with no warranties. The Pulssy Parties hereby disclaim all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including, without limitation, warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non-infringement, and accuracy of information generated. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT THE PULSSY PARTIES (AND IF YOU DOWNLOADED THE SOFTWARE FROM THE APP STORE OR GOOGLE PLAY, APPLE OR GOOGLE) WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SOFTWARE AND/OR ANY OF THE SERVICES. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE AND/OR ANY OF THE SERVICES IS TO IMMEDIATELY UNINSTALL THE SOFTWARE AND CEASE USE OF THE SOFTWARE AND ALL SERVICES. You further acknowledge that the Pulssy Parties (and if you downloaded the Software from the App Store or Google Play, Apple or Google) have no obligation whatsoever to furnish any maintenance or support services with respect to the Software and/or Services.
- No Warranties.
THE PULSSY PARTIES DO NOT WARRANT THAT THE CONTENT DISPLAYED OR TRANSMITTED ON OR THROUGH ANY OF THE SERVICES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. THE PULSSY PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS FROM THE USE OF, THE SOFTWARE OR SERVICES.
- Harm to Your Device.
YOU UNDERSTAND AND AGREE THAT YOU TRANSMIT, DISPLAY OR RECEIVE CONTENT THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR DEVICE AND COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT. Loss of business or any other damages even Pulssy or the others also informed of their possibility.
- Limitation of Liability.
YOU AND PULSSY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY OF THE SERVICES OR SOFTWARE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If you downloaded the Software from the app marketplaces, you further acknowledge that the app marketplaces have no responsibility for addressing any claims relating to the Software or Services or your possession and/or use of the Software or Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Software or Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Basis of the Bargain.
YOU ACKNOWLEDGE AND AGREE THAT PULSSY HAS OFFERED ITS SOFTWARE AND SERVICES AND SET ITS PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND PULSSY, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND PULSSY. PULSSY WOULD NOT BE ABLE TO PROVIDE THE SOFTWARE OR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Any comments, suggestions, or feedback relating to the Software or any of the Services (the “Feedback”) submitted to Pulssy shall become the property of Pulssy. Pulssy will have exclusive ownership of all rights to the Feedback. Pulssy will be entitled to use the Feedback for any commercial or other purpose whatsoever, without any compensation to you or any other person. Pulssy will not be required to treat any Feedback as confidential. You agree that you do not acquire any right in or to the Software or any of the Services (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that you are responsible for whatever material is submitted by you, including its legality, reliability, appropriateness, originality, and copyright.
Pulssy may provide you with notices, including those regarding changes to terms and conditions, by email, Notice will be deemed given twenty-four (24) hours after email is sent, unless Pulssy is notified that the email address is invalid. Notice posted on the Pulssy website is deemed given ten (10) days following the initial posting. Pulssy reserves the right to determine the form and means of providing notifications to our users.
32.3 Ability to Contract.
32.4 Entire Agreement.
You acknowledge that the obligations made hereunder to Pulssy are of a unique and irreplaceable nature, the loss of which shall irreparably harm Pulssy and which cannot be replaced by monetary damages alone so that Pulssy shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.
32.8 Third Party Beneficiaries and Agreements.
32.9 Injunctive Relief
You acknowledge that, with a unique and irreplaceable nature of the obligations under this Agreement undertake to Pulssy, its loss would be irreparable harm Pulssy, and it cannot be replaced only by monetary damages, so Pulssy is entitled to injunction or other equitable relief (no obligation). If there is any breach or anticipatory breach, you can post any bond or deposit. You irrevocably waive all rights to seek an injunction or other fair remedy.
32.10 Third Party Beneficiaries and Agreements.
- Move Caution And Choose Exit
Pulssy can use carrier distributed mobile messaging (SMS) to verify ownership of registered mobile phone numbers.
- User authorization confirmation
As the platform user, I confirm the copyrights of the audio and video of my online communication and live broadcasting activities on the platform and their associated contents (including but not limited to the video, audio, information, data, text, software, music, message, photos, graphics or other data itself and corresponding links I uploaded, posted, emailed or transmitted by any other means) and the Right to Network Dissemination and sublicense right of live and recorded audio and video and their associated content are free and permanently licensed to the platform exclusively The platform can or authorize others to use on network, mobile terminal, mobile phone and personal computer for promotion and cooperation. For any company, group, individual or organization that illegally misappropriates, publishes, reprints or copies the audio and video of my online performance activities, the platform can exercise the global legal litigation right, right to loss for compensation and compensation right on my behalf.I confirm to agree, if the platform user refuses to accept the above authorization, he shall inform the platform by email (email: email@example.com) within 10 days after registering the account. Failure to inform shall be deemed as acceptance of the above authorization.
Additional Information: For information or technical support for the event, please send an email to firstname.lastname@example.org
Pulssy Host Live Broadcast Protocol
In order to cooperate with your platform to create a green, healthy and high-quality social and live broadcasting environment, safeguard your platform’s interests and protect users’ privacy and legitimate rights and interests, I promise to actively assist your platform to make friends in a civilized and healthy way and prevent the following violations of your platform’s management regulations or suspected violations:
- Ensure that the personal information provided (including ID card number/passport number, personal account information, bank account information, contact information, residential address, etc.) is true, legal, and valid. If there is any change, the Platform shall be informed in writing 3 days in advance, otherwise the loss caused thereby has nothing to do with the Platform.
- The guarantor shall be a natural person with full civil capacity (the specific age standard shall be determined according to the laws and regulations of Mainland France, the laws and regulations of the place where the platform is promoted and operated, and the nationality of the anchor).
- Promise to be familiar with the platform use method and management rules and be willing to abide by the management rules.
- Agree to and accept the assessment of the platform organization on the use methods and management rules of the platform.
- Ensure that the online social networking and live broadcasting on the platform are all genuine communication and live broadcasting, and there is no non-personal live broadcasting such as Posting false photos or hanging videos or other negative work behaviors.
- Ensure that the contents of its online communication and live broadcast (including but not limited to video, voice, image and text) are positive and in accordance with laws, regulations and regulatory policies, not open outside the site, and do not contain the following adverse information:
(1) violates the basic principles established in the Constitution of France;
(2) endangering France’s national security, divulging France’s state secrets, subverting France’s state power, or undermining France’s national unity;
(3) damages France’s national honor and interests;
(4) It violates the laws and regulations of Mainland France, the place where the Platform is promoted and operated, or the place where Party B is of nationality;
(5) those that do not conform to or destroy the good local customs, ethnic customs and religious customs;
(6) inciting ethnic/ethnic/religious hatred, ethnic/racial/religious discrimination, undermining national unity, or inciting national or regional discrimination;
(7) propagating religious extremism or heresy;
(8) spreading rumors, disturbing social order and undermining social stability;
(9) Spreading obscenity, pornography (including but not limited to content with sexual innuendo, sexual tease or sexual temptation), gambling, violence, blood, horror, terror or instigation of crime;
(10) insulting or slandering others, infringing upon the legitimate rights and interests of others, making fun of Chinese revolutionary martyrs, natural disasters, major accidents and other disasters;
(11) inciting illegal assembly, association, procession, demonstration or gathering of people to disturb public order;
(12) activities in the name of illegal non-governmental organizations;
(13) those who advocate lifestyles such as flaunting wealth and worshiping money and extravagance and corruption;
(14) over-hyping celebrity gossip and entertainment gossip;
(15) Using vulgar language, displaying vulgar behavior or advocating vulgar content;
(16) The use of exaggerated title, the content is seriously inconsistent with the title;
(17) causing adverse effects on the physical and mental health of minors;
(18) infringing others’ copyright, trademark right, patent right and other intellectual property rights;
(19) Other contents that are prohibited by laws and administrative regulations, or that damage the social morality of France and the host country or destroy the network ecology.
- Promise not to commit any of the following illegal or fraudulent acts:
(1) They have not known each other for a long time or have a strange relationship with the user, that is, they promise to make friends quickly (e.g., meet the target/get married/meet offline/add mobile phone numbers to each other /QQ /wechat/whatsapp/ line, etc.), ask the user for gifts or transfer money to send red envelopes, etc.;
(2) By shaping the tragic situation, the way to win sympathy (such as: express family economic difficulties/temporary borrowing/sudden emergency), ask users for gifts or transfer money to send red envelopes, etc.;
(3) By providing vulgar or sexually enticing content (such as pornographic videos/pictures/sounds), ask users for gifts or transfer money to give red envelopes, etc.;
(4) Win users’ trust by means of false information fraud (e.g. forge platform notices/regulations), ask users for gifts or transfer money to send red envelopes, etc.;
(5) By threatening users (such as self-harm or disclosure of others’ privacy or chat records/slander of reputation), ask users for gifts or transfer money to send red envelopes, etc.;
(6) Other activities suspected of financial fraud and illegal profit (such as code brushing/insurance stock promotion/fundraising/entrepreneurial cooperation).
I undertake that I am fully aware of the foregoing prohibitive requirements. If any of the above occurs to me,
Your platform has the right to deal with it directly in accordance with the management rules, including but not limited to: short-term/permanent closure, frozen account without withdrawal, etc. I shall be responsible for settling any dispute, dispute, lawsuit or punishment by administrative authority caused by my behavior. The platform shall have the right to indemnify me for all losses incurred by the platform, including but not limited to fines, legal costs, attorney’s fees, notary fees, security fees, business losses and anticipated losses.
Attachment: User Authorization Confirmation
As the platform user, I confirm the copyrights of the audio and video of my online communication and live broadcasting activities on the platform and their associated contents (including but not limited to the video, audio, information, data, text, software, music, message, photos, graphics or other data itself and corresponding links I uploaded, posted, e-mailed or transmitted by any other means) and the Right to Network Dissemination and sublicense right of live and recorded audio and video and their associated content are free and permanently licensed to the platform exclusively The platform can or authorize others to use on network, mobile terminal, mobile phone and personal computer for promotion and cooperation. For any company, group, individual or organization that illegally misappropriates, publishes, reprints, or copies the audio and video of my online performance activities, the platform can exercise the global legal litigation right, right to loss for compensation and compensation right on my behalf.
I confirm to agree, if the platform user refuses to accept the above authorization, he shall inform the platform by email (email: email@example.com) within 10 days after registering the account. Failure to inform shall be deemed as acceptance of the above authorization.