ACCEPTANCE OF TERMS
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.
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 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.
Third Party Web Sites.
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.
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: email@example.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.
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.
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.
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.
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.