Terms of Use
ACCEPTANCE OF TERMS
Welcome to our Digital Signage Pulse website edition. This Agreement contains the complete terms and conditions that apply when you visit our site or choose to browse the contents herein. By using this Web site, you agree to be bound by its terms of use and shall comply thereof. If you do not agree to all the terms and conditions, then you may not access the site, read our news items and articles, or use the content or any services in the site.
Information on this website
The information contained on this website, including but not limited to news items, articles and opinions, are given for general information and interest purposes only. At the same time we try and ensure all the information contained on the website is accurate and up to date. We do not make any warranty or representation as to the accuracy of any such information and neither accepts any liability in connection with any information which is incorrect. You understand and agree that we cannot be held responsible for any inaccuracies in the information.
EDITORIAL CONTROL
Digital Signage Pulse reserves the right, but does not have an obligation, to monitor and/or to review all materials posted to our website or through the site services or features by users, and is not responsible for any such materials posted by users. You understand and agree that we have no obligation to and shall not be held responsible for any failure to monitor, review and/or delete any materials posted to the site or through the site’s services or features by users. However, we reserve the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation or government request; and to edit, to refuse to post or to remove any information or materials, in whole or in part, that, in our discretion, are objectionable or in violation of these Terms of Use, applicable law, our policies or for any reason whatsoever.
Use of User Content
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Site, including the submission of articles, news, commentary and all other data, photographs, graphics, video, messages, ratings, forum postings, comments or other materials. You acknowledge that we shall not be liable for any User Content provided by its users. User Content is displayed for entertainment and informational purposes only and is not controlled by Digital Signage Pulse and we cannot guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Site, you may be exposed to User Content that may be offensive, indecent or objectionable. Under no circumstances will Digital Signage Pulse be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Site.
You shall not transmit or post any User Content that: (a) is unlawful, threatening, harassing, abusive, false, inaccurate, deceptive, misleading, offensive, distasteful, inappropriate, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent, invasive of another’s privacy or harmful to minors in any way; (b) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law; (c) is copyrighted, protected by trade secret, patent, trademark or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit or post the material and to grant Digital Signage Pulse all of the license rights granted herein; (d) refers derisively to the goods or services of others; (e) includes any disruptive elements that may damage or interfere with the Digital Signage Pulse such as computer viruses, spyware, spiders, crawlers, data mining tools, bots, worms, bombs, or trojan horses; (f) includes advertisements or solicitations of business; (g) impersonates another person; (h) includes any person’s full name or personal or identifying information without that person’s authorization; or (i) violates the law or otherwise violates these Terms of Use.
In connection with any User Content you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Digital Signage Pulse to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Digital Signage Pulse and these Terms of Use; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Digital Signage Pulse and these Terms of Service; and (iii) it complies with these Terms of Use.
You understand that all User Content is the sole responsibility of the person who transmits or posts that User Content. This means that you, and not the Digital Signage Pulse, are entirely and solely responsible for all User Content that you transmit or post and for the consequences of Digital Signage Pulse publishing such User Content. The Digital Signage Pulse does not and cannot review the User Content transmitted or posted by users and is not responsible for such content. However, the Digital Signage Pulse shall have the right, but not the obligation, to refuse, delete, move, remove, or edit any User Content that violates these Terms of Service or is otherwise objectionable, as determined by the Digital Signage Pulse in its sole discretion and without notice. Any specific complaints regarding User Content must be directed to EMAIL, and any promise by the Digital Signage Pulse to investigate, delete, remove, or otherwise edit any User Content shall be non-binding unless expressly provided in writing by a representative of Digital Signage Pulse.
You agree to indemnify the Digital Signage Pulse and its parents, subsidiaries, and affiliates, and each of their respective partners, officers, directors, employees, agents and representatives, against, and to hold each of them harmless from, any and all claims and liabilities (including attorney’s fees) that may arise from your use of the Digital Signage Pulse services, your transmission or posting of User Content, your unauthorized use of material obtained from the Digital Signage Pulse, your breach of these Terms of Service, your violation of any law, regulation or any right of any other person or entity, and any unauthorized use of your account or password. The Digital Signage Pulse reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
By transmitting or posting User Content, you grant the Digital Signage Pulse the perpetual, non-terminable, worldwide, nonexclusive, royalty-free, sublicenseable and transferable right and license to use, reproduce, edit, remove, modify, publish, transmit, display, distribute, have distributed, promote, perform, and prepare derivative works of, all or any potion of such User Content in any form, in any medium now existing or hereinafter invented for any purpose, including commercial uses, including without limitation, in connection with the Digital Signage Pulse services, in connection with the print or online edition of the Digital Signage Pulse or dspulse.com, in connection with the Digital Signage Pulse ‘s (and our successors’) business, in connection with promoting and redistributing part or all of the Digital Signage Pulse services (and derivative works thereof) without additional notice, approval, consent, compensation or attribution. You waive any moral rights you may have in the User Content. You also grant each user of the Digital Signage Pulse a non-exclusive license to access your User Content through the Digital Signage Pulse, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Digital Signage Pulse and under these Terms of Use.
Third Party Web Sites.
You may be able to link from the Web Site to third party web sites that take you outside of our service and third party web sites may link to the Web Site. This includes links to and from other web sites, advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge and agree that Digital Signage Pulse has no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours, and you rely on the same at your own risk. Such Linked Sites are not under our control, and links to other sites are provided solely for the convenience of users. You acknowledge that when you leave our Web Site by any means, including, but not limited to, when you click on a link that leaves the Web Site, the site you will land on is not controlled by us and different terms of use and privacy policies apply. We reserve the right to disable links from third-party sites to the Web Site, although we are under no obligation to do so. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. We are not responsible also for any form of transmission received from any linked web site.
DISCLAIMERS & LIMITATION OF LIABILITY
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. Digital Signage Pulse EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. GE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
Under no circumstances, including, but not limited to, negligence, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, materials from this site.
You acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user.
The materials comprising the Digital Signage Pulse are provided by the Digital Signage Pulse as a service to you for your noncommercial, personal use on an “as-is, as-available” basis. The materials may be used by you for informational purposes only. You acknowledge that you are using the Digital Signage Pulse at your own risk. Digital Signage Pulse may add features to or remove features from the Digital Signage Pulse services at any time and from time to time in its sole discretion.
The Digital Signage Pulse periodically schedules system downtime for maintenance and other purposes. Unplanned outages also may occur. The Digital Signage Pulse shall have no liability for the resulting unavailability of the Digital Signage Pulse services or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of webhost providers.
The Digital Signage Pulse is not responsible for, and does not control, any third party content or advertisements which are posted on the Digital Signage Pulse services, nor does it take any responsibility for the goods or services provided by its advertisers. Some of these third party sites may be co-branded with a Digital Signage Pulse logo, even though they are not operated or maintained by the Digital Signage Pulse (for example, special sections appearing online are hosted and maintained by third parties). When visiting other web sites or sections of the Digital Signage Pulse services that are operated or maintained by a third party, you should refer to each such web site’s individual “Terms of Use”.
Copyright and License
Digital Signage Pulse reserves all copyrighted and copyrightable materials on the Site, including but not limited to the text, design, manuals, product information, graphics, images, pictures, sound and other files, and the selection, compilation and arrangement thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
The Digital Signage Pulse does not permit infringement of intellectual property rights on the Digital Signage Pulse services. If you believe that any Content on the Digital Signage Pulse infringes your copyright or other intellectual-property rights, you may notify the Digital Signage Pulse by contacting: dspulse@dspulse.com
IMPERMISSIBLE USES OF THE Digital Signage Pulse SERVICES
You agree not to: (a) systematically retrieve data or other Content from the Digital Signage Pulse services to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of “bots” or otherwise; (b) use any trademarks, tradenames or other intellectual property of the Digital Signage Pulse or any other party from the Digital Signage Pulse services as metatags on other websites, to disparage any party or in any manner that may damage any goodwill in the intellectual property; (c) collect usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications; or (d) delete or revise any material posted by another user. The following activities on the Digital Signage Pulse services are expressly prohibited: (i) any use of the Digital Signage Pulse services, which in Digital Signage Pulse’s sole judgment, degrades the reliability, speed, or operation of the Digital Signage Pulse services or any portion of the Digital Signage Pulse services or any underlying hardware or software thereof, (ii) any attempt to gain unauthorized access to the Digital Signage Pulse’s computer systems or networks; and (iii) any use of the Digital Signage Pulse services which is unlawful or in violation of these Terms of Service.
TRADEMARKS
The Digital Signage Pulse, digitalsignagepulse.com, dspulse.com and all other trademarks, trade names, logos and other intellectual property owned by the Digital Signage Pulse are the property of the Digital Signage Pulse and cannot be used without the Digital Signage Pulse’s express prior written permission
Changes to This User Agreement
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED VISIT IN OUR WEBSITE FOLLOWING OUR OSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
We reserve the right to change or modify any of the terms and conditions contained in this User Agreement, or any policy of the Site, at any time and in its sole discretion. Any changes or modifications to this User Agreement or policy will be effective upon posting of the revisions. YOUR CONTINUED VISIT IN OUR WEBSITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
NON-ASSIGNMENT OF RIGHTS
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
NON-Waiver
Failure of the Digital Signage Pulse to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
Severability of Terms
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
Entire Agreement
This Agreement shall be governed by and construed in accordance with the substantive laws of Montreal, Quebec, Canada, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.
GOVERNING LAW
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Montreal, Quebec, Canada, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.