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Access to and use of YPulse.com (“Website”) is provided by YPulse Inc. (“YPulse” or “we” or “our”) on the terms and conditions set out below. By accessing and using the Website, you will be bound by these terms. Please note that these terms are subject to change from time to time, so should be checked regularly. Continued use of this Website will be deemed acceptance of the updated or amended terms and conditions.
1.2 We may change, add or remove portions of these Terms of Service at any time by notifying you of the change in writing (including by email or by updating the date above after “Last Updated On”). Such changes will become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site.
1.3 If you purchase syndicated or bespoke services from us, then a separate services agreement between you and us will document the terms and conditions for those services. The Terms of Use will neither change nor limit your rights and obligations under your services agreement with us.
You acknowledge that you shall use the Website only for lawful purposes, for your own personal or internal business use.
You are permitted to access the Site, including the written text, reports, graphics, data, images, illustrations, marks, logos, sound or video clips, photographs, and/or other works (singly or collectively, the “Content”) solely for your or your organization’s internal information purposes.
All copyright, trademarks, design rights, patents and other intellectual property rights on this Website are vested in YPulse or its licensors. All copyright notices in any original materials must be retained.
Except for information related to your personal data (e.g. information provided in contact forms), you grant YPulse a worldwide, non-exclusive, royalty free license to use, copy, reproduce, process, modify, publish, transmit and display any content that you submit on the Website for any purposes.
This Website may not be modified, disassembled, decompiled or reverse engineered in any way. No part of the Website may be reproduced without our express permission.
You may download or copy the Content and other downloadable items displayed on the Services for your your company’s use only, provided that you maintain all copyright and other notices contained in the Content and other downloadable items. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission.
While we strive to ensure that the availability of the Website remains high and maintain the continuity of the Website, the internet is not always a stable environment and we shall not be liable if, for whatever reason, the Website is unavailable at any time. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. We shall not be held liable for any failure to provide or delay in us providing a service through this Website resulting from any occurrence beyond our reasonable control including (without limitation) strikes, break-down of systems or network access, fire, explosion or accident failure of any third-party telecommunications or service provider.
We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
We hereby grant you permission to access and use our website, subject to the following conditions:
Any breach of the above-mentioned conditions shall constitute a breach of the Website Terms & Conditions.
If we consider that you have breached any of these Website acceptable use terms, we may take such action that we consider appropriate including, but not to be limited to:
We exclude liability for actions taken in response to breaches of these Website acceptable use terms. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.
Your access to and use of the Website is at your own risk. The Website is provided on an ‘as-is’ basis. YPulse makes no warranties, representations or undertakings about any of the content or performance of this Website. Where appropriate, your statutory rights are not affected by these terms. The Website does not claim that the content will not violate the intellectual property rights of any third party. Ypulse does not guarantee that the website or its content will be free from errors, defects, or technical issues. In particular, YPulse takes all necessary measures to protect our users from any malware or bugs or other items of a destructive nature however YPulse cannot warrant that this Website is free of malware or bugs and other items of a destructive nature. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy requirements for the accuracy and security of the data input and output.
YPulse shall not be liable for damages, losses (whether direct, indirect or consequential), expenses, liabilities, loss of profits or costs resulting from the use of, access to, or reliance upon the information given by its employees, agents or subcontractors in relation to, contained in or available through, its Website.
In all cases where our website contains links to other websites and resources provided by third parties, these links are provided for your information only and do not represent an endorsement. We have no control over the contents of those websites or resources and, as such, make no warranties or assertions as to their content, nor does YPulse have any liability in connection with any of them (including, but not limited to, liability arising out of any allegation that the content of any third-party site infringes any law or the rights of any person or is obscene, defamatory or scandalous).
YPulse will be processing your personal data according to the General Data Protection Regulation (“GDPR”) and additional data protection laws. To find out more about how we use your personal data you can access our website Privacy Policy here.
This agreement and any dispute arising out of it will be governed by law of the State of New York. Any dispute or claim arising out of or in connection with this agreement or its formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of New York State and the Federal courts of the Southern District of New York, situated in the City, County, and State of New York.
Any claim or cause of action arising out of or related to use of the Services or these Terms of Services must be filed within one year after such claim or cause of action arose or be forever barred.
The Content on this Site is based on YPulse’s reasonable efforts to compile and analyze the best sources reasonably available to YPulse at any given time. Any opinions reflect YPulse’s judgment at the time and are subject to change. You assume sole responsibility for the selection of the Content to achieve any of your intended results, and your sole and exclusive remedy for any alleged loss or damage suffered by you in connection with your use of the Site or the Content or the User Content is to discontinue using the Site.
You agree that YPulse shall not be liable under any circumstances or under any theory of law for any direct, indirect, special, consequential, or incidental damages, including without limitation, damages for lost profits, business failure or loss, arising out your use of the site, the content or user content, whether YPulse has been advised of the possibility of such damages. You agree further, that YPulse shall not be liable for any damages incurred by you arising because of reliance upon the content, user content or site or any claim attributed to errors, omissions, or other inaccuracies in the content or the site or interpretations thereof. In jurisdictions that do not allow the exclusions or limitations of incidental or consequential damages, YPulse’s liability in such jurisdiction shall be limited to the extent permitted by law, and the terms limiting YPulse’s liability in this section shall, in any case, be interpreted to limit YPulse’s liability to the greatest extent permitted by law.
ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO THE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
As part of the registration or account creation process, you will create login credentials by selecting a password and providing an e-mail address. You also can be requested to provide certain registration information, which must be accurate and updated.Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the Services if you share your login credentials. You are responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of YPulse. You may not: (1) select or use the login credentials of another person with the intent to impersonate that person; (2) use login credentials in which another person has rights without such person’s authorization; or (3) use login credentials that we, in our sole discretion, deem offensive. Failure to comply with these requirements will constitute a breach of these Terms of Service, which may result in immediate suspense or termination of your account.You consent to receive notifications from us electronically to the e-mail address you provide to us. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.
13.2. Please notify us at legal@YPulse.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
13.3. You are responsible for all usage or activity on your account with YPulse.com, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law-enforcement agencies.
13.4.If your access to any Service has been provided by or through a third party (for example, your employer or an educational institution at which you are a student) (each, a “Client”), the Client may have provided us with information about you to enable us to provide you with access to the Services and distinguish you from other subscribers (such as your IP address, email address or name).
You can contact us at: legal@ypulse.com
Last Updated 02/26/2024