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TERMS AND CONDITIONS

 

Welcome to Pulse of the Caribbean!

Pulse of the Caribbean is owned and operated by Pulse of the Caribbean, LLC.

These are the terms and conditions for:

By registering as a user and using the websites and services, you agree to be bound by these terms and conditions and our Privacy Policy. In these terms, “we”, “us”, “our” and Pulse of the Caribbean refer to Pulse of the Caribbean, LLC and “you” and “your” refer to you, the Pulse of the Caribbean user.

The following terms and conditions apply to the websites and services offered by Pulse of the Caribbean. This includes the mobile and tablet versions as well as any other version of Pulse of the Caribbean accessible via desktop, mobile, tablet, social media or other devices.

READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY PRODUCT, INFORMATION OR SERVICE FROM THE “PULSE OF THE CARIBBEAN” WEBSITE.

  1. ACCEPTANCE OF TERMS

This agreement sets forth legally binding terms for your use of Pulse of the Caribbean. By registering and using the websites, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not use the websites and discontinue use of the service immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on Pulse of the Caribbean. You agree to be bound by any modification to this terms and conditions when you use Pulse of the Caribbean after any such modification is posted; it is therefore important that you review this agreement regularly.

You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the websites does not violate any applicable law or regulation. Pulse of the Caribbean may, in its sole discretion, refuse to offer the services to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the websites is revoked in such jurisdictions.

The websites may only be used in compliance with these terms and all applicable local, state, national and international laws, rules and regulations.

By registering and using the websites, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.

  1. USERS

If you wish to become a user, you must read this agreement and indicate your acceptance during the registration process, in order to publish your business and offer services and content through listings and be contacted by customers through the websites.

In consideration of your use of the websites as a user, you represent that you are of legal age to form a binding contract under the laws or another applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on Pulse of the Caribbean and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pulse of the Caribbean reserves the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof) at any time and without any notification.

Users may share information through their user profile with other users. Any information that users share through the websites and their user profile is the exclusive responsibility of the users. Users are free to share information but will be responsible for the use of that information, its publication and disclosure. Pulse of the Caribbean is not responsible for information published and shared through the websites and its user profile.

  1. ACCOUNT

If you register on Pulse of the Caribbean, you will be required to choose a password and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Pulse of the Caribbean of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from Pulse of the Caribbean. Pulse of the Caribbean will not be liable for any loss or damage arising from your failure to comply with this agreement.

By providing Pulse of the Caribbean with your email address and phone number you consent to our use of your email address to send you notices about the service and products, including those required by law. We may also use your email address and phone number to send you notifications and other messages, such as changes to service features, news, and special offers. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your withdrawal request via the contact information or by using the “unsubscribe” option in the emails or mobile notifications. Opting out may prevent you from receiving emails about updates, news or offers.

The users may terminate their accounts any time, for any reason, by following the instructions on Pulse of the Caribbean. That termination will only result in the deletion of the account and the deletion of all the personal data granted to Pulse of the Caribbean.

Pulse of the Caribbean reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Pulse of the Caribbean believes that you have breached any of these terms, furnished Pulse of the Caribbean with false or misleading information, or interfered with use of the websites or the service by others.

  1. SERVICES

Users will be able to promote content through the websites. When a user places an order for a service (promote content), the user agrees and declares to purchase the service for the price advertised on the websites. Please check the price and features of the services before placing an order.

When a user places an order, Pulse of the Caribbean will send an email for confirmation. This confirmation email will be produced automatically so that the user has confirmation of payment and initiation of the service. If you do not receive the email, it is possible that the email has been sent to your spam folder.

Pulse of the Caribbean may cancel any sales and not provide the services and may change or discontinue the availability of the services at any time in its sole discretion. If a purchase is cancelled, any payment made for the service will be refunded in full. This does not affect your statutory rights.

  1. PAYMENTS

The services will be paid through the payment platforms available on the websites. Services will be activated upon completion of the payment and registration process. Payment will be charged to your credit/debit card immediately after placing the order for the service you have purchased. Once the transaction has been processed, we will send you an electronic receipt of the transaction to the email address you provide. 

Your payment information will be treated and safeguarded securely and for the sole purpose of processing the purchase of services. Pulse of the Caribbean reserves the right to contract any payment platform available on the market, which treats your data for the sole purpose of processing the purchase of services.

Pulse of the Caribbean reserves the right to determine the price for the services. Pulse of the Caribbean will make reasonable efforts to keep the price information published on the websites up to date. We encourage you to check our websites periodically for current pricing information.

Will always try to make sure that the prices on the websites is accurate. However, some errors in terms of price may occur from time to time, including but not limited to human error, mechanical error or the like. Should an error in pricing be discovered, the customer will be informed of such error. The option to reconfirm the order will be given to the user at the correct price. The user also has the option to cancel the order should the user not be satisfied with the correct price communicated on the said product order.

  1. DISCLAIMER

The businesses posted by users are not offered or provided by Pulse of the Caribbean. The services of Pulse of the Caribbean are limited to providing the platform to publish such services and businesses. Pulse of the Caribbean is not responsible at any time for the products, services and contents offered by the users through the listings available on the websites.

Pulse of the Caribbean makes no representation as to the accuracy, security or legality of the services, businesses or content published in Pulse of the Caribbean by users through the listings. Pulse of the Caribbean does not represent the business or services of the registered users. The purchase of products and services offered in the listings available on the websites is at your own risk and responsibility.

In the case of events, event promoters shall be solely responsible for their events and the information they publish through the websites. Pulse of the Caribbean shall not be responsible for any information published or any content related to the organization and promotion of the events.

Disputes arising between users shall be resolved by the users themselves. Pulse of the Caribbean does not accept any claims in relation to the services and content published on the websites by the users.

Pulse of the Caribbean is not responsible for any damage to the physical or moral integrity of people, such as injuries, death or any other moral damage such as threats, insults and slander that could fall on a natural person, as a result of the communications established in the Pulse of the Caribbean websites. The communications and relationships established between users as a result of any connection within the Pulse of the Caribbean websites is the sole and exclusive responsibility of the users.

In the event that one or more users or any third party initiate any type of claim or legal action against another or other users, each and every one of the users involved in those claims or actions exempt Pulse of the Caribbean from any responsibility.

By accessing the websites, you accept personal responsibility for the results of the use of the information available in the content. You agree that Pulse of the Caribbean does not guarantee the results of any action advised or not advised by Pulse of the Caribbean. Pulse of the Caribbean provides resources and content for informational purposes only. You acknowledge that your ultimate success or failure will be the result of your own efforts, your particular situation and a number of other circumstances beyond the control of Pulse of the Caribbean.

Pulse of the Caribbean will accept no liability for any loss or damage, including without limitation, any loss of profit, which may arise directly or indirectly from the use of the content available on the websites. By visiting and using the websites, you accept personal responsibility for the results of your actions.

We do not warrant that the information available on the websites is accurate, complete or up to date. The content of the websites is provided for general information only and should not be taken as professional advice. Any use of the material provided on the websites is at your own risk and responsibility.

  1. THIRD-PARTY MATERIALS.

“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.

  1. LICENSE TO USE THE PLATFORM

Pulse of the Caribbean gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Pulse of the Caribbean as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Pulse of the Caribbean, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

The user agrees not to use the websites and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of the Pulse of the Caribbean websites or third parties.

This service prohibits sending of messages, that: (1) Any kind of messages that are catalogued as SPAM. (2) Are harassing, abusive, defamatory, obscene, in bad faith, unethical or otherwise illegal content (3) distribute trojans, viruses or other malicious computer software (4) Any message with political or religious content (5) Any message with obscene or offensive content  (6) Are intending to commit fraud, impersonating other persons, phishing, scams, or related crime (7) distribute intellectual property without ownership or a license to distribute such property (8) Breach, in any way, the terms of service, privacy policy or rules of this websites or the recipients.

Pulse of the Caribbean reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Pulse of the Caribbean believes that you have violated any of these terms or interfered with the use of the websites or service by others.

 

  1. COPYRIGHT

All materials on Pulse of the Caribbean, including, without limitation, names, logos, trademarks, images, text, podcasts, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Pulse of the Caribbean or by third parties that have licensed or otherwise provided their material to the websites. You acknowledge and agree that all Materials on Pulse of the Caribbean are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Pulse of the Caribbean prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Pulse of the Caribbean or any part of the material for any purpose other than its intended purposes is strictly prohibited.

  1. COPYRIGHT COMPLAINTS

Pulse of the Caribbean respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Pulse of the Caribbean websites infringe upon your copyright or other intellectual property right, please send the following information to: 

  1. Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
  1. A statement specifically identifying the location of the infringing material, with enough detail that Pulse of the Caribbean may find it on the Pulse of the Caribbean websites.  Please note: it is not sufficient to merely provide a top-level URL.
  1. Your name, address, telephone number and e-mail address.
  1. A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
  1. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  1. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
  1. USER CONTENT

Certain features of the websites may allow users to upload content, which may consist of messages, photos, images, videos, text, products, posts and others, and to publish that user content on the websites. You retain any copyright you may have in user content you post through the listings available on the websites. Nevertheless, we need some permission from you in order to publish the content. Pulse of the Caribbean is not responsible for the accuracy, safety, or legality of user content published on the websites. User are solely and exclusively responsible for their content and the consequences of publishing their content.

By providing user content to or through the websites, you grant Pulse of the Caribbean a worldwide, non-exclusive, royalty-free, fully paid right and license to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting to display and publish your user content on the websites, for the sole purpose of providing the services.

  1. USER CONTENT REPRESENTATIONS AND WARRANTIES

Pulse of the Caribbean disclaims any and all liability in connection with user content. You are solely responsible for your user content and the consequences of providing user content via the service. By providing user content via the service, you affirm, represent, and warrant that:

  1. a) You are the creator and owner of the user content, or have the necessary licenses, rights, consents, and permissions to authorize Pulse of the Caribbean and users of the service to use and distribute your user content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by Pulse of the Caribbean, the service, and these Terms.
  2. b) Your user content, and the use of your user content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Pulse of the Caribbean to violate any law or regulation.
  3. c) Your user content should not contain information or content about politics or religion.
  4. d) Your user content should not contain negative information about the business published on the websites.
  5. e) Your user content must be related only to the business published on the websites. No other content is allowed.
  6. f) Your user content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
  7. g) Your user content does not and will not contain hateful content, a threat of physical harm, or harassment.
  1. USER CONTENT DISCLAIMER

Pulse of the Caribbean may, at any time and without prior notice, screen, remove, edit, or block any user content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the service, you will be exposed to user content from a variety of sources and acknowledge that user content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Pulse of the Caribbean with respect to user content. If notified by a user or content owner that user content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. For clarity, Pulse of the Caribbean does not permit copyright-infringing activities on the Service.

You acknowledge and agree that Pulse of the Caribbean reserves the right to, and may from time to time, monitor any and all information transmitted or received through the service for operational and other purposes. If at any time Pulse of the Caribbean chooses to monitor the content, Pulse of the Caribbean still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

  1. ACCURACY AND TIMELINESS OF INFORMATION

We do not guarantee that the information available on the websites is accurate, complete or updated. The content of this websites is provided for general information and should not be taken as a professional advice. Any use of the material provided on this websites is at your own risk.

  1. PERSONAL DATA

Any personal information you post or submit in connection with the services and use of the websites will be used in accordance with our Privacy Policy. By using the mall’s social services, you agree that we may collect and store your personal information. By providing information through the websites, you also agree that we may send you messages or communicate with you unless you notify us not to do so. Please see our Privacy Policy.

  1. NON-COMMERCIAL USE

The service may not be used in connection with any commercial purposes, except as specifically approved by Pulse of the Caribbean. Unauthorized framing of or linking to any of Pulse of the Caribbean is prohibited. Commercial advertisements, affiliate links, and other forms of content without notice and may result in termination of the account.

  1. THIRD PARTIES

Pulse of the Caribbean contains content of third-party licensors to Pulse of the Caribbean, which is protected by copyright, trademark, patent, trade secret and other laws. Pulse of the Caribbean owns and retains all rights, title and interest in the content. Pulse of the Caribbean hereby grants to you a limited, revocable, non-sublicensable license to stream and/or view the content and any third party content located on or available through Pulse of the Caribbean or services (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing Pulse of the Caribbean and using the services.

Any dealings with third parties included within or on Pulse of the Caribbean involving the delivery of and payment for products and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Pulse of the Caribbean is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on Pulse of the Caribbean does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Pulse of the Caribbean or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on Pulse of the Caribbean is provided to you for informational purposes only. Pulse of the Caribbean encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Pulse of the Caribbean works to ensure the information on Pulse of the Caribbean is current and accurate.

  1. PROHIBITED ACTIVITIES

The content and information available on the websites (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to Pulse of the Caribbean or licensed to the Pulse of the Caribbean by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the websites. Additionally, you agree not to:

  1. Improper use of users’ personal and contact data (address and telephone number).
  1. Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by Pulse of the Caribbean.
  • Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
  1. Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
  1. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
  1. Deep-link to any portion of the services for any purpose without our express written permission.
  • “Frame”, “mirror” or otherwise incorporate any part of the services into any other websites or service without our prior written authorization.
  • Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Pulse of the Caribbean in connection with the services.
  1. Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any Content.
  1. Download any Content unless it’s expressly made available for download by Pulse of the Caribbean.
  1. DISCLAIMER OF WARRANTIES

Pulse of the Caribbean will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person’s services.

Because of the nature of the Internet Pulse of the Caribbean provides and maintains the websites on an “as is”, “as available” basis and makes no promise that use of the websites will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our websites may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the websites in breach of these terms you will be liable to and will reimburse Pulse of the Caribbean for any loss or damage caused as a result.

Pulse of the Caribbean will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Pulse of the Caribbean excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Pulse of the Caribbean and Pulse of the Caribbean shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

  • Any incorrect or inaccurate information on Pulse of the Caribbean.
  • Any interruptions to or delays in updating Pulse of the Caribbean.
  • The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the websitesor any product or service purchased through the 
  • Any loss or damage resulting from your use or the inability to use the websites or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
  • Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
  • Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the websites or from transmissions via emails or attachments received from Pulse of the Caribbean.
  • All representations, warranties, conditions and other terms which but for this notice would have effect.
  1. ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by Pulse of the Caribbean for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any Cleaner User, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.

 

  1. INDEMNIFICATION

You agree to defend and indemnify Pulse of the Caribbean from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • Your breach of this agreement or the documents referenced herein.
  • Your violation of any law or the rights of a third party.
  • Your use of the Pulse of the Caribbean websites.
  1. CHANGES AND TERMINATION

We may change the websites and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.

  1. ASSIGNMENT

This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Pulse of the Caribbean without restriction.

  1. INTEGRATION CLAUSE

This agreement together with the Privacy Policy and any other legal notices published by Pulse of the Caribbean, shall constitute the entire agreement between you and Pulse of the Caribbean concerning and governs your use of the websites and the services.

  1. DISPUTES

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Pulse of the Caribbean websites, will be settled by binding arbitration between you and Pulse of the Caribbean, except that each party retains the right to bring an individual action in a court of competent jurisdiction.

  1. FINAL PROVISIONS

These Terms are governed by the USA laws. Use of Pulse of the Caribbean websites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.

Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Platform or information provided to or gathered by us with respect to such use.

If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.

  1. CONTACT INFORMATION

If you have questions or concerns about these terms, the products or the service, please contact us through our contact page or via the contact information below:

Pulse of the Caribbean.