TERMS & CONDITIONS
By signing up and creating a Pulsar account you agree to the following Terms of Service and Conditions.
TERMS & CONDITIONS
(Last Updated: June 29, 2010)
- 1. GRANT OF ACCESS AGREEMENT
- 2. LICENSE AND FEES
- 3.1 OWNERSHIP, INTELLECTUAL PROPERTY AND LINKS
- 4. USER’S OBLIGATIONS
- 5. DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY, AND INDEMNIFICATION
- 6. GENERAL TERMS AND CONDITIONS
1.1 WEBSITE ACCESS: Livemade, LLC (“Livemade”) agrees to provide you (“User”) with access to http://pulsar.livemade.com (the “Website”) subject to the terms and conditions set forth below. Access to the Website is provided for your personal or internal business uses only.
1.2 USER’S ASSENT TO TERMS: By using the Website you agree to be bound by these Terms and Conditions and you consent to the terms of the Livemade Privacy Policy. The Livemade Privacy Policy can be found at http://pulsar.livemade.com/legal/privacy/ and is incorporated herein by this reference. If you do not agree to all of the terms of this Agreement and consent to the Privacy Policy, you should exit the Website and you may not access the Website.
1.3 ADDITIONAL RESTRICTIONS: Depending on where the Website is accessed from, additional restrictions may apply. User is prohibited from accessing the Website and materials available over the Website from territories where such activities are illegal. User agrees to comply with all local applicable rules regarding online conduct and content in connection with use of the Website.
1.4 CHILDREN: Children, defined for purposes of this agreement as persons younger than 13 years of age, are not permitted to access the Website. Children should not submit any personally identifying information.
2.1 SERVICE LICENSE: Livemade, subject to these terms and conditions, grants to User a non-exclusive and non-transferable license to use Livemade’s Services, so long as User has tendered payment and abides by these terms and conditions.
2.2 FEES: By subscribing to the Service you give Livemade the right to charge your credit card, or bill you via other payment methods, for fees connected with the Service such as renewal fees or fees for extra services. The Livemade Service is a subscription service. You pay in advance for each billing cycle on the first day of that cycle.
2.3 METHOD OF PAYMENT: Payment of fees may be made via Credit Card or PayPal.
2.4 CHANGES TO FEE STRUCTURE: Livemade reserves the right to change its fees and/or fee structure at any time. If User does not agree with the change in fees or fee structure, User’s sole remedy is to terminate service.
2.5 AUTOMATIC SUBSCRIPTION RENEWAL: The Livemade Service is a subscription service. You pay in advance for each billing cycle on the first day of that cycle. By subscribing to the Service you give Livemade the right to charge your credit card, or bill you via other payment methods, for fees connected with the Service such as renewal fees or fees for extra services. Your Livemade account will be renewed automatically until you cancel the Service. The first 30 days of a new, paid account are free of charge and act as a free trial period. Unless you cancel your paid account or change it to a free account before the billing is processed on the 30th day after signup you will be billed for the first billing cycle (the one you chose when signing up).
2.6 FREE TRIAL PERIOD: The Trial account is a free account that expires and is completely deleted automatically after 30 days. Unless the User cancels the account or change the subscription to a paid plan.
2.7 REFUNDS: After an upgrade or downgrade the user will get a pro-rated refund of the previous subscription last payment. No refunds will be given for any other reason.
2.8 UPGRADING/DOWNGRADING ACCOUNTS: You can at any time upgrade or downgrade to a different Livemade account type inside the Livemade control panel. The change to your account type will take effect immediately and apply to all future invoices.
2.8.1 Due to restrictions with PayPal Subscriptions, to change your subscription we cancel and refund a pro-rated amount of your previous subscription and start a new one.
3.1 TRADEMARKS: The Website is owned and operated by Livemade. The trademarks, logos, service marks (the “Marks”) displayed on the Website are owned by Livemade or third parties. User’s use of the Website confers no rights to the Marks and User may not use, reproduce or display a Mark without its owner’s prior written consent.
3.2 COPYRIGHTS: The Website and all its contents (“Content”) are copyrighted, and such copyrights are owned by Livemade or the author of such content. User is permitted to view, print, and/or distribute Content in hard copy from the Website provided that: (1) User uses the Content for personal or internal business use and not for any purpose contrary to Livemade’s commercial interests; (2) User does not copy or use any Content on any network or other website for public or commercial purposes; (3) User does not modify, alter, or create derivative works of, the Content; and (4) User includes Livemade’s copyright notice on such Content as follows: Copyright 2010 Livemade, LLC, All Rights Reserved.
3.3 NO LICENSE: Except as expressly provided herein, nothing included in the Website is intended, nor shall be construed, as conferring any license or right under any Mark, copyright, or patent.
3.4 LINKS TO THIRD-PARTY SITES: The Website may contain links to third-party sites. User acknowledges and agrees that Livemade is not responsible or liable for the content, information, services, or products of such third-party sites. User assumes all risk of accessing third-party sites. Links to a third-party site do not constitute endorsement of that site by Livemade.
3.5 LINKING TO LIVEMADE: User may create links to pages on the http://www.pulsar.livemade.com website, but may not imply sponsorship, agency, or any other relationship between the Website and the site providing the link without prior written consent.
4.1 INFORMATION PROVIDED: User must use a valid email address for your Livemade account. User must provide Livemade with accurate billing information and keep this information up to date.
4.2 FINANCIAL RESPONSIBILITY: User is responsible for all charges incurred related to User’s Livemade account, including any applicable taxes or extra service fees.
4.3 SECURITY: User is solely responsible for the security of your account and keeping User’s password safe.
4.4 ROBOTS: User agrees not to cause or allow robots or other automated processes to act upon or interact with Livemade’s systems or user interfaces without prior written permission from Livemade.
4.5 UNREASONABLE LOAD: User agrees not to use Livemade’s services in a way that causes unreasonable load on Livemade’s systems or unwanted load on systems with which User directs Livemade’s services to interact.
4.6 ABUSE: User will comply with all state and federal laws, rules, regulation and tariffs regarding any specific applications and use of the Website. Any abuse of the Service will lead to termination of User’s account. Livemade reserves the right to decide what is considered abuse of the Service.
5.1 NO WARRANTY: Livemade will make commercially reasonable efforts to assure the accuracy of information provided by this Website. The Website is provided on an “as is” and “as available” basis. Livemade assumes no obligation that the Website is suitable for the User’s needs, will be uninterrupted, secure, timely, or error-free. Livemade does not guarantee that information available from, or through, the Website is either accurate or reliable, that defects in the software will be corrected, or that the Website will be free of computer viruses or other harmful components. LIVEMADE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT, OR NONINFRINGEMENT. IN NO EVENT SHALL LIVEMADE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, USE, PROFITS, OR OPPORTUNITY, AND THE COSTS OF SUBSTITUTE SERVICE OR DAMAGES RESULTING FROM A THIRD PARTY’S UNAUTHORIZED USE) RELATED TO, OR ARISING FROM, USE, MISUSE, OR INABILITY TO USE THE WEBSITE, REGARDLESS OF WHETHER OR NOT THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATION APPLIES TO CLAIMS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), LIABILITY, OR ANY OTHER LEGAL THEORY. SOME JURISDICTIONS DO NOT ALLOW LIMITING LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, LIVEMADE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED UNDER LAW.
5.2 REMEDY: User agrees that User’s sole remedy for any breach of this Agreement by Livemade shall be termination of User’s use of the Website without further obligation to Livemade
5.3 INDEMNIFICATION: User agrees to defend, indemnify, save, and hold Livemade, its officers, representatives, employees, consultants, partners, co-brands, and agents, harmless from and against any claims, actions, damages, expenses, loss, liability, or demands, including but not limited to reasonable attorney’s fees, by third parties arising from or related to the User’s use or misuse of the Website, violation of the Terms of this agreement, or infringement of third-party rights. This indemnification agreement shall survive any termination or suspension of User's use of Website.
6.1 CHANGE OF TERMS: Livemade may change the Terms and Conditions at any time. If Livemade makes changes to the Terms and Conditions, Livemade will post the updated Terms and Conditions on the Website, which shall serve as the sole notice to users of the change. It is the User’s sole responsibility to review the Terms for changes. Continued use of the Website will be deemed acceptance of the changed Terms and Conditions.
6.2 HEADINGS: The section headings contained in this agreement exist solely for readability and have no contractual or legal significance.
6.3 ASSIGNMENT: User may not assign this Agreement (by operation of law or otherwise) without the prior consent of Livemade. Livemade may assign or subcontract all or part of Livemade’s rights and obligations under these Terms, in which event User will look only to Livemade’s assignee and not to Livemade for any further performance.
6.4 FORCE MAJEURE: The Web Site is provided via multiple public and private facilities, some beyond Livemade’s control. Livemade does not guarantee the quality or condition of the Website. The User agrees not to hold Livemade responsible for any lost data or interruption of the Website of any kind.
6.5 NO AGENCY OR THIRD PARTY BENEFICIARY: User agrees that no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship exists as a result of this Agreement or use of the Website. User acknowledges that he/she has no authority or power to bind Livemade. In no event shall Livemade be liable for any representation, act or omission made by User. The parties further agree that nothing in this Agreement is intended, or shall be construed, as creating any rights in third parties.
6.6 SEVERABILITY: If any provision of the Terms is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to comply with applicable laws, and the remainder shall remain in full force and effect.
6.7 NO WAIVER: Any failure by Livemade to enforce any provision of these Terms shall not constitute a waiver of any rights under such provision or any other provision of these Terms.
6.8 NOTICES: Except as explicitly stated otherwise, any notices to Livemade shall be given by registered mail to Livemade, LLC Attn: Legal Department Livemade LLC 427 N Tatnall St #20464 Wilmington, Delaware 19801-2230 and such notice shall be deemed given upon receipt by Livemade. User may also provide notice to Livemade via email at sales@livemade.com. Notice provided by email to Livemade shall not, however, be valid unless receipt of such email is confirmed by Livemade via return email or otherwise. Notices from Livemade to User shall be given via email using any email address held by User. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Livemade may give a User notice by certified mail, postage prepaid and return receipt requested, to any address where User receives mail. In such case, notice shall be deemed given 3 days after the date of mailing.
6.9 JURISDICTION: This agreement shall be governed by and construed in accordance with the laws of State of Delaware, excluding its conflict of law provisions. Both the User and Livemade consent to the exclusive jurisdiction and venue of the appropriate Federal or State court of New Castle County, Delaware, USA, for resolution of any dispute arising out of or relating to the Terms.
6.10 ENTIRE AGREEMENT: These Terms comprise the entire agreement between the User and Livemade regarding the Website and supersedes all previous agreements, stated or implied, made by Livemade’s representatives regarding the matters addressed in these Terms.