WhatPulse operates and serves the web pages on whatpulse.org (“Website”). These web pages are accessed by you under the Terms of Service (“Terms”), which may be updated periodically without prior notice. WhatPulse reserves the right to modify or replace these Terms at any time.
WhatPulse offers services to gather and publish computer statistics, powered by local software and the Website. The software gathers statistics on one or more computers owned by the user and sends these statistics to the Website via secured communication.
Services (“Service”) include, but are not limited to, any content and/or services WhatPulse makes available to or performs for you, as well as the offering of any extra data analyzing services via paid membership. Content (“Content”) includes, but is not limited to statistics, messages, comments, personal information, browsing data and software.
Your access to the Website or Services may be interrupted from time to time as a result of equipment failure or malfunction, scheduled updates, maintenance or any other reason within or outside control of WhatPulse. WhatPulse reserves the right to suspend or discontinue the availability of the Website and/or any Service and/or remove any Content at any time without prior notice. WhatPulse may also impose limits on certain features and Services or restrict your access to parts of or all of the Website and the Services without notice or liability.
Account registration and confirmation is required in order to create a WhatPulse account. During the registration process, you are required to provide accurate, complete and current information about yourself.
You may not use the following as an username; the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for keeping your password secure and confidential and are solely responsible for all activities resulting from the use of your password and conducted through your WhatPulse account.
You understand that all Content posted or otherwise submitted to the Website is the sole responsibility of the account holder from which the Content originates. WhatPulse does not control user submitted Content. You understand that by using the Website you may be exposed to Content that is offensive or otherwise objectionable.
As a condition for use of the Website and Services, you agree not to use the Website or Services for the following:
To report a user of suspected abuse of the Website or a breach of the Terms, please send a written notice to WhatPulse via email at: firstname.lastname@example.org.
You are solely responsible for your interactions with other users of the Website. WhatPulse reserves the right, but not the obligation, to monitor interactions between you and our other users.
The Website may provide, or third parties may provide links to other websites or resources. WhatPulse does not have control over such websites or resources, and you acknowledge and agree that WhatPulse is not responsible for the availability of such external websites or resources, and does not endorse, nor is it responsible or liable for any content, products, advertising or any other materials that appear on such websites or resources. You further acknowledge and agree that WhatPulse shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by the use of, or reliance upon of any such goods, services or content found on such other websites or resources.
You expressly and irrevocably release and discharge WhatPulse, its subsidiaries, agents, officers, affiliates or other partners, and employees of and from any and all actions, causes of action, suits, liability, debts, proceedings, judgements, claims and demands whatsoever in law or equity which you ever had, now have or hereafter can have, for or by reason of, or arising directly or indirectly out of your use of the Website or the Services.
You agree to indemnify and hold WhatPulse, its subsidiaries, agents, officers, affiliates or other partners, and employees from and against all claims, damages, losses, expenses and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of a breach of these Terms, Content posted by users to the Website, the use of the Website or Services by you or any person using your WhatPulse account or any other violation of any rights of a third party.
In no event will WhatPulse, its subsidiaries, agents, officers, affiliates or other partners, and employees, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for any special, incidental or consequential damages, the cost of procurement of substitute products or services, for interruption of use or loss or corruption of data, or for any amounts that exceed the fees paid by you to WhatPulse under this agreement during the 12 month period prior of the cause of action. WhatPulse shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
WhatPulse may suspend or terminate your WhatPulse account at any time, without prior notice or liability, with or without cause, effective immediately. Upon termination of your account, your right to use the Website and Services will immediately cease. If you wish to terminate this Agreement or your WhatPulse account, you may simply discontinue using the Website and Services or manually unregister your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination of your account WhatPulse will automatically remove all Content posted by your account.
No partnership, agency, joint venture or employment is created as a result of these Terms and you do not have any authority of any kind to bind WhatPulse in any respect whatsoever. The failure of either party to exercise on any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. WhatPulse shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond WhatPulse’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. The Terms shall be governed by and construed in accordance with the laws of the Netherlands, as if made within the Netherlands between two residents thereof, and the parties submit to the jurisdiction of Dutch courts. Both parties agree that the Terms is the statement of the mutual understanding between them and that it supersedes and cancels all previous written and oral agreements or communications relating to the subject matter of the Terms, and that all adjustments must be in a writing form signed by both parties, except as otherwise provided herein.
Now, let’s party.