Terms And Conditions
Date of last update: 11 December 2019
We provide mobile and online services, including but not limited to pulsz.com game applications (the “Game(s)”), and the related website located at www.pulsz.com and its subdomains (the “Site”), (the Games, the Site and other products, mobile applications, services and websites provided by us collectively, the “Service”).
PLEASE NOTE THAT THE SERVICE IS INTENDED FOR AMUSEMENT AND ENTERTAINMENT ONLY AND YOU ACKNOWLEDGE AND AGREE THAT PULSZ.COM DOES NOT PROVIDE YOU WITH ANY PRIZES OF MONETARY VALUE.
This service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary:
to law or regulation
any ruling which would subject pulsz.com to any registration requirement within such jurisdiction or country
explicitly, pulsz.com is not available for users in Washington State (USA)
If the use of the service is unauthorized in any such jurisdiction or country:
you agree not to access or use the service in any such jurisdiction or country.
you agree that it is your responsibility to ensure that the use of the service is lawful in the jurisdiction or country where you are located.
You are only allowed to use the service if you have reached the age of “majority” where you live.
As part of the pulsz.com gameplay you can use a virtual currency to play the games, this currency can be either purchased or won during gameplay but it is important to note that it has NO CASH VALUE and cannot be exchanged for real money or withdrawn.
Furthermore, you cannot sell, trade, transfer or in anyway redeem the virtual currency for any real money or goods.
Whilst some games bear resemblance to machine from real-world casinos or lottery products, so you mustn’t expect the same or similar features, results or real cash payments.
These terms constitute an agreement between you and us: defining the rights and responsibilities that you have to the Service.
If you do not accept the Terms, please do not use, download, access or register with the Service. If you do not agree to these Terms, you are not entitled to use the Service and you must promptly uninstall and delete all copies of any Games on your device(s).
The terms “you” and “user” shall refer to all individuals and entities that access the Service. You represent and warrant that you have the right, authority and capacity to accept these Terms and to abide by them and that you have fully read and understood the Terms.
In addition to these Terms, you agree to abide by any supplemental policies of the Service, such as policies related to specific services (including without limitation forums, chats, contests or sweepstakes) as well as all other operating rules, policies and procedures that may be published from time to time on the Service.
From time to time, we may need to modify or amend these Terms. If we do so, we will post any such modifications or changes in the Service.
You can also see when changes have been made by referring to the “Last Updated” and “Version” numbers at top of this page.
You should review these Terms regularly to ensure that you are aware of any changes. If you continue to use the Service following such a posting of changes, you accept any such changes.
2. User Eligibility
Use of the Service is subject to your continued compliance and agreement with these Terms.
You are only allowed to use the service if you have reached the age of “majority” where you live. By accessing or using the Service you represent and warrant that you have reached the age of “majority” where you live and that you agree to be bound by these Terms.
You will monitor your User Account to restrict use by minors, and in particular you will deny access to children under the age of 18. You accept full responsibility for any unauthorized use of the Service by minors and you acknowledge that you are responsible for any use of the Service, including use of your credit card or other payment instrument by minors.
Any access to or use of the Service by anyone under 18 is expressly prohibited.
The Service is intended solely for your personal use. You agree that you will use the Service in compliance with any and all applicable laws and regulations.
The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject pulsz.com to any registration requirement within such jurisdiction or country, and the use of the Service is unauthorized in any such jurisdiction. You agree not to access or use the Service in any such jurisdiction.
Parts of this Service, such as the use of the Games, require a user account (“User Account”). When you use any of our Games, a User Account is automatically created based on your device IDs, or your Facebook account if you decide to connect your User Account with it.
We reserve the right to require our acceptance for registration (including post-registration by the user). We have a right to refuse the registration for any reason. Registration can be limited, for example, in terms of country or state/territory.
You agree not share the User Account or any user credentials or password with any other party and not to let anyone else access your User Account or do anything else that might jeopardize the security of your User Account. Should you suspect any breach of security in the Service, you will notify us immediately.
You are responsible for maintaining the confidentiality of your User Account and accept responsibility for all uses of the User Account, including any purchases (whether or not authorized by you).
We reserve the right to invalidate and deactivate User Accounts if we become aware that a user is less than the required minimum age and we may request additional information to confirm a user’s age at any time. Other legal ramifications may also apply.
We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
3. Purchases & Game Currency
Some features of the Service may be subject to the payment of a fee. These features may include the possibility to purchase upgrades (such as access to certain elements in the Service) or to purchase virtual currency to play a Game (“Game Currency”).
These fees, where applicable, are displayed in the Service in connection with the respective feature of the Service. We reserve the right to change the pricing for the goods and services offered through the Service, including the Game Currency, at any time.
The Game Currency or upgrades, where applicable, can be purchased for real money or won during gameplay, but they have no cash value. Any Game Currency you purchase or win during gameplay is licensed to you on a limited, personal, non-transferable, non-sublicensable and revocable basis and only for non-commercial use in the Service.
Game Currency is licensed, not sold to you. Game Currency may never be redeemed for actual monetary instruments, goods or other items of monetary value from pulsz.com or any other party.
You will not to sell, trade, redeem or otherwise transfer Game Currency to any person or entity, including (but not limited to) another user or any third party, or in any other way cash out or exchange the Game Currency for real money or for any real goods.
You are responsible for all charges and usage on your User Account or using your user credentials and all purchases made by you or anyone that uses your User Account or user credentials, including applicable taxes. You may pay using the methods available in the Service from time to time, which may include payment via your registered cards, bank account, or other similar accounts, and you agree to the terms and conditions applicable to each payment method you choose, including any additional payment processing fees which may be applicable. The Service is not responsible or liable for any issues related to the services provided by the payment provider to you in connection with the purchase.
You acknowledge that you are authorized to use the payment method you use and that any payment information you provide is true and accurate; and authorize us and/or the applicable payment provider to charge you for the Service using your payment method. You must promptly update all billing information to keep it up to date and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify the us and the applicable payment provider if your credit card is cancelled, lost or stolen or if the security of your payment method has otherwise become compromised.
The provision of Game “Currency” or virtual currency and any upgrades is a service that is offered to you as a part of the Service. By paying any related applicable fees you acknowledge and agree that the provision of the Game Currency or any upgrades commences immediately upon you subscribing to or purchasing such service and therefore any right of withdrawal or right of cancellation or “cooling off” period does not apply.
It is important to note that any applicable fees and other charges are payable in advance and are not refundable in whole or in part.Any payment for license for game currency or upgrades is always final and non-refundable.
Please note that we are not responsible for:
Any game currency that is lost, damaged, deleted or used inappropriately.
For game play interruptions or premature game termination, regardless of cause, that result in game currency being spent.
We may manage, regulate, modify, control or eliminate game currency at any time in our sole discretion, with or without notice. If we exercise such rights, we will have no liability to you or any third party.
You acknowledge, subject to mandatory legislation, that we are not obligated to provide any refunds for any reason. You acknowledge and agree that all game currency will be forfeited and you will not be entitled to receive money or other compensation for unused game currency when an account is terminated or suspended for any reason, regardless of whether such termination or suspension was voluntary or involuntary, or if we discontinue providing the service or any particular game. You are solely responsible for any costs you incur to access the Service through any Internet, wireless or other communication service, such as any fees for web browsing, messaging, and data usage on an Internet provider’s or wireless carrier’s network. You should check with your carrier or internet service provider to determine the fees that apply.
4. Intellectual Property
These Terms confer only the right to use the Service, while these Terms and the specified licenses are in effect, and they do not convey any rights of ownership in or to the Service.
All rights, title and interest, including without limitation any copyright, patent, trade secret or other intellectual property right in the Service will remain our sole property.
pulsz.com retains all rights, title and interest in and to the Service and any content available within the service, including, but not limited to, any Games, titles, source and object codes, Game client and server software, the “look and feel” of the Service, sounds, musical compositions, audio-visual effects, concepts and methods of operation, layout, text, data, User Accounts, themes, objects, characters and character likenesses, character names and character profile information, stories, dialogue, catch phrases, locations, artwork, animations files, images, graphics, documentation, gaming history and recording of game play, transcripts of any chat rooms, and moral rights, whether registered or not, and all applications related to the above.
Anything to the contrary in these terms, you acknowledge and agree that you shall have no ownership or other property interest in the user account, and you further acknowledge and agree that all rights in and to the user account are and shall forever be owned by and inure to the benefit of pulsz.com. You agree that you have no rights or title to any content that appears in the service, including without limitation the game currency, whether earned in a game or purchased from pulsz.com, or any other attributes associated with a user account or stored on the service.
5. Third Part Material
The Service contains links to content owned and/or operated by third parties, for instance third parties who may invite you to participate in promotional offers or rewards programs or third-party advertisers or payment providers. Any separate charges or obligations that you may incur in your dealings with these third parties are your sole responsibility. We are not responsible for any such third-party services or content and do not have control over any materials made available therein.
Our inclusion of a link to a third-party website, services or content in the Service does not imply our endorsement, advertising, or promotion of such websites, services or content or any materials available.
We do not endorse, do not assume and will not have any liability or responsibility to you or any other person for any third-party products, services, materials or websites. Please note that the relevant third party is fully responsible for all goods and services it provides to you and for any and all damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part.
6. Terms of License
Without prejudice and subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, revocable, non-transferable and non-assignable / non-sublicensable license to access, download and use the Service on any authorized device you own and control, solely for your personal and non-commercial entertainment use. We reserve all rights in the Service not expressly granted to you in these Terms.
This Service is licensed, not sold, to you. You agree that we and our licensors own all rights, title and interest in and to the Service, including all intellectual property rights therein, and that we retain ownership of the Service even after installation on your device. You agree not to delete or in any manner alter the copyright, trademark or other proprietary rights notices or markings which may appear on the Service.
Except as identified and specified in these Terms, you agree not to:
sell, rent, distribute, transfer, license, sub-license, lend or otherwise assign any rights of any part of the Service to any third party.
copy, modify, create derivative works of the Service (including but not limited to any software that forms part of the Service), including, without limitation, making adaptations or modifications to the Service.
reproduce the Service or any part in any form or by any means.
exploit the Service in any unauthorized way whatsoever, including without limitation, by trespass or burdening network capacity.
disassemble, decompile, reverse engineer, or attempt to derive the source code of the Service, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law.
make the Service available to multiple users by any means, including by uploading the Service to a file-sharing service or other type of hosting service or by otherwise making the Service available over a network where it could be used by multiple devices at the same time.
misrepresent the source of ownership of the Service;
scrape, build databases or otherwise create permanent copies of any content derived from the Service.
commercially exploit the Service;
use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party.
We are not obligated to maintain the Service, to provide all or any specific content or support through the Service, or to provide updates, upgrades of services. You acknowledge that we may from time to time in our sole discretion issue updates or upgrades to the Service, disable access to the Service for any period of time or permanently, and automatically update or upgrade the version of the Service that you are using on your device. You consent to such automatic updating or upgrading on your device and agree that these Terms will apply to all such updates or upgrades
If an upgrade is accompanied by a separate license, the terms of that license will govern. You acknowledge and agree that we shall have no liability to you arising out of any unavailability of the Service.
The license to use the Service granted under these Terms remains in effect until terminated by you or us. You may terminate the license at any time by deleted or destroying all copies of the Service in your possession or control.
The license will automatically terminate, without further warning, if you in any way breach any provision of these Terms. Upon termination for any reason, you must cease all use of the Service and promptly delete and destroy all copies, full or partial, of the Service. Your termination of the license for any reason shall not release you from any liabilities or obligations set forth in these Terms which either have expressly been stated as surviving any such termination or have yet to be performed, or by their nature would be intended to be applicable following any such termination or expiration.
You acknowledge and declare that you will not use or otherwise transport, export or re-export the Service into any country forbidden to receive the Service by any U.S. or other jurisdiction’s laws or regulations or otherwise violate such laws or regulations, which may be amended from time to time. In particular, you represent and warrant that you will not use or otherwise export the Service to a country that is subject to a U.S. Government embargo or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You also affirm you are not located in any such country or on any such list.
7. Responsibility for User Generated Content
You are solely responsible for any text, communications, images, and other data, information and content that you submit in the Service, or transmit to other users of the Service (“User Content”).
You are responsible for complying with all laws applicable to your User Content. You agree not to submit to the Service, or send to other users of the Service, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, illegal material or any material that infringes or violates another party’s rights.
You will not provide inaccurate, misleading or false information to us or to any other user of the Service. If information provided to us, or another user of the Service, subsequently becomes inaccurate, misleading or false, you will notify us of such change immediately.
We may, in our sole discretion, delete any User Content without notice but are under no obligation to do so. We have no responsibility for the conduct of any user in the Service, including any User Content submitted in the Service. We assume no responsibility for monitoring the Service for inappropriate content or conduct. Your use of the Service is at your own risk.
You hereby grant us the sole and exclusive, irrevocable, sub-licensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display and use any User Content and to incorporate the same in other works in any form, media, or technology now known or later developed.
You further hereby grant to us the unconditional, right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content or your User Account, without any obligation to you. You waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner except as prohibited by law.
You acknowledge and agree that all User Content whether publicly posted or privately transmitted to the Service is at your sole responsibility and risk. We disclaim any responsibility for the backup and/or retention of any User Content transmitted to the Service.
8. Prohibited Content
User Content that is prohibited in the Service includes, but is not limited to:
User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
Harassing User Content
User content of a sexual or offensive nature
User content that promotes terrorism or religious hatred
“Junk mail”, “chain letters,” or “spam”
User Content that promotes illegal activities or conduct that is abusive, threatening, obscene or defamatory
User Content of commercial nature without authorization from us
Content promoting the services of another business or competitor
If you see any material in the Service that in your belief is offensive, hateful, harassing or that you otherwise think is prohibited, you may notify us by contacting us at [email protected] For instructions on how to report intellectual property issues, please see section 9.7 (“Copyright Infringement”) below.
9. Submissions by Users
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, bug reports or other information about the Service (“Submissions”) provided by you are non-confidential and shall become our sole property and you assign all rights in these Submissions to us.
We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You agree that all your communications within any forums or chat areas in the Service are public, and you have no expectation of privacy regarding your use of such forums or chat areas. We are not responsible for information that you choose to share on the forums or chat areas, or for the actions of other parties.
We remind you that you are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, affiliates and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Without prejudice to the above, we reserve the right to become involved in any way with these disputes but are in no obligation to do so. You will fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting us access to any password-protected portions of your User Account.
The list below shows examples of user activity that is prohibited in the Service:
Impersonating another person or entity;
Accessing or using the Service in an unlawful way or for any unlawful purpose;
Any use of automation software programs, “bots”, “macro” software programs or any other software or applications which are intended to modify the game experience to the detriment of fair play;
Transmission of any data, materials, content or information which is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or otherwise unlawful;
Transmission of viruses, malware, or other malicious code in the Service or interfering with, or disrupting, the Service.
Modification, reverse-engineering, or other manipulation of the Service;
Exploiting the Service or any part thereof for any commercial purposes;
Exploiting, distributing or informing other users of any Game error or bug which may give an unintended advantage
We will respond expeditiously to claims of copyright infringement using guidelines and procedures set forth in Section 512 of the Digital Millennium Copyright Act of 1998 (“DMCA”). We respect the intellectual property rights of others. If you believe any material on the Service that may infringe someone’s copyright, you can notify us by e-mailing us at [email protected] and by inserting “Copyright” in the subject line.
10. Your Privacy and Security
The Service may include social media functionalities or featues that enable you to share certain content (such as scores, achievements or communications) with other people on your social network. Please be careful when sharing content that includes personal data generally in the Service and with other users of the Service.
Respect the privacy of all other users of the Service
Not engaging in any collection of users’ content or information, and/or not otherwise access the Service by automated means (including, but not limited to, so-called bots or scrapers)
Not reveal any personal data related to another individual, including, but not limited to, a person’s address, phone number, e-mail address, photograph, credit card number or any information that may otherwise be used to track, contact or impersonate another individual
Not utilize a username that is the name of another person or intend to impersonate that person
Not provide any false personal data to us or create any User Account for anyone other than yourself without such person’s permission.
11. No Warranty
Your access to and use of the service is at your own risk. You understand and agree that the service is provided to you on an “as is” and “as available” basis.
We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the service or any content thereon. we will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the service.
You agree that we do not have responsibility or liability for the deletion of, or the failure to store or to transmit, any material or content and other communications maintained in the service.
We make no warranty that the service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. no advice or information, whether oral or written, obtained from the service or our representatives, will create any warranty not expressly made herein.
12. Limitation of Liability
To the maximum extent permitted by applicable law, we and our subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, personal injury or property damage, loss of data, loss of use, loss of anticipated savings, accrued but wasted expenditure, cost of procurement of substitute goods or services, loss of good-will, or other intangible losses, resulting from:
Your access to or use of or inability to access or use the service
Any conduct or content of any third party on the service, including without limitation any content, products or services provided by any advertisers, affiliate advertising networks, rewards program operators or payment providers we may cooperate with or any other users of the service
Any content and/or information obtained from the service or reliance upon the service or any part thereof; and
Unauthorized access, use or alteration of any material or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we knew of or ought to have known of the possibility of such damages.
In some jurisdictions the applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Nothing in these terms removes or supersedes your rights as a consumer based on mandatory provisions of law.
We are not under any circumstances liable for any damages, claims, liabilities or costs that you may incur or suffer in connection with any content, products or services offered by any third parties we cooperate with.
You waive and release pulsz.com and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any liabilities arising from or related to any act or omission of such third parties in connection with your use of the service.
You agree to indemnify and hold pulsz.com innocent from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your use of or access to the Service, your breach of these Terms, or your violation of any law or the rights of a third party. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms
13. Agreement & Dispute Process
Our failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future.
In the event that any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction for any reason, the remaining provisions of these Terms will remain in full force and effect.
The laws of the State of California, without regard to or application of its conflict of law provisions, will govern these Terms.
If you would like to contact our Customer Support department or have a complaint regarding our Services, you may contact us by selecting the “Contact Us” link on the Platform and filling in the form or by emailing [email protected]
Customer complaints/claims of any nature must be submitted within 3 months of the issue occurring.
To protect your privacy, all email communications between you and pulsz.com should be carried out using the email address that you have registered against your customer account held with pulsz.com. Failure to do so may result in our response being delayed. The following information must be included in any written communication with pulsz.com (including a complaint):
your first and last name, as registered on your Customer Account
a detailed explanation of the complaint/claim
any specific dates and times associated with the complaint/claim (if applicable).
Failure to submit a written communication with the information outlined above may result in a delay in our ability to identify and respond to your complaint/claim in a timely manner. Upon receipt, we will endeavour to reply to your communication within 72 hours.
Further, best efforts will be made to resolve any complaint/claim promptly and, at a maximum, within 10 working days. If for some reason you are not satisfied with the resolution of your complaint/claim, you may pursue alternative dispute resolution in your jurisdiction.
It is agreed that any cause of action arising out of, related to the service must commence within one (1) year after the cause of action occurs. After this time any cause of action is permanently invalid
14. Suspension or Termination of a User Account
We reserve the right to discontinue offering the Service or to suspend, remove, modify or disable access to the Service at any time in our sole discretion and without notice. We may also, in our sole discretion, terminate or suspend your access to the Service and/or your User Account at any time.
In no event will we be liable for the removal of or disabling of access to the Service or any part thereof.
We may also impose limits on the use of or access to the Service, in any case and without notice or liability. Upon termination of the Service or a part thereof, your license to use the Service or a part thereof will be automatically terminated.
In such event, pulsz.com shall not be obligated to provide refunds or other compensation to users in connection with such discontinuation. Following termination, all such terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.
We reserve the right to limit, suspend, terminate, modify, or delete your user account and/or access to the service if you are, or we in our sole discretion suspect that you are, failing to comply with any of the terms and conditions included in these terms or with any laws or regulations. Similarly, if we believe you have in any other way used the service unlawfully or improperly or acted inconsistently with the letter or spirit of these terms or any pulsz.com policies.
You will lose your username and gamer profile as a result of such termination or suspension, as well as any unused game currency. we are under no obligation to compensate you for any losses.
We reserve the right to terminate any user account that has been inactive for 90 days.
The Service is operated and provided by pulsz.com. If you have any questions about these Terms, please contact us at [email protected] or by mailing us at Yellow Social Interactive, World Trade Center, 6 Bayside Road, 3rd Floor, Unit 3.19, Gibraltar, GX11 1AA pulsz.com