LAST UPDATED: 24 June 25, 2021 

PULSE - TERMS OF SERVICE  

Please read these Terms of Service (the “Agreement”) carefully. Your use of the Platform (as defined below) constitutes your consent to this Agreement. 

This Agreement constitutes a binding agreement between you (an individual or entity) and Streamland Media, LLC. (“Streamland”) concerning your use of (including any access to) the Streamland PULSE digital storage vault software and platform, together with any information, materials, files, data, content, systems and/or services available therein (collectively, the “Platform”). This Agreement hereby incorporates by this reference any additional terms and conditions posted by Streamland through the Platform or otherwise made available to you by Streamland. Your use of the Platform is governed by this Agreement regardless of how you access the Platform. 

BY USING THE PLATFORM, YOU AFFIRM THAT (I) YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT IN ITS ENTIRETY AND ACCEPT ALL OF THE TERMS AND CONDITIONS HEREIN, (II) A BINDING AGREEMENT BETWEEN YOU AND STREAMLAND HAS BEEN ESTABLISHED EFFECTIVE ON THE DATE THAT YOU START USING THE PLATFORM, (III) YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND (IV) IF YOU ARE ACCESSING THE PLATFORM ON BEHALF OF ANY ENTITY, YOU ARE AN AUTHORIZED REPRESENTATIVE OF SUCH ENTITYAND ARE AUTHORIZED TO ACCEPT THIS AGREEMENT ON SUCH ENTITY’S BEHALF.  

1. Changes. Streamland may change this Agreement from time to time by notifying you of such changes by email or by any other reasonable means, including, without limitation, by posting a revised version of this Agreement on the Platform. Your use of the Platform following any changes to this Agreement will constitute your acceptance of such changes. The “LAST UPDATED” legend above indicates when this Agreement was last changed. Streamland may, at any time and without liability, modify or discontinue all or part of the Platform; charge, modify, or waive any fees required to use the Platform; or offer opportunities to some or all Platform users. 

2. Submissions Through and/or Uploaded to the Platform. Your submission of information, materials, files, data and/or content, through the Platform is governed by Streamland’s Privacy Policy (the “Privacy Policy”). You represent and warrant that any Submissions (defined below) you provide in connection with the Platform are and will remain accurate and complete and that you will maintain and update such Submissions as needed. You also warrant that you are free to post, transmit, or otherwise make available any Submissions that you provide in connection with the Platform. You shall be solely responsible for the content of all such Submissions and you undertake to Streamland that Submissions shall not contain any bugs (being viruses, without limitation, worms, logic bombs, time locks, time bombs, trojan horses and bugs), infringe any copyright or other third party rights of any kind, be defamatory or otherwise transgress any laws of any country of the world. Streamland reserves the right to remove from the Platform any Submissions (in whole or in part) that it reasonably believes contains any such bugs, infringes any copyright or other third party rights of any kind, is defamatory or otherwise breaches any laws of any country of the world. You further undertake to Streamland to ensure that a back-up copy of all Submissions that you provide or upload to the Platform is retained by you. All back-up copies should be in a format that will enable recovery of the relevant Submission in the event of its loss or corruption. You acknowledge that as part of the operation and maintenance of the Platform, your Submissions may be accessed by Streamland and/or its personnel and representatives. 

3. Jurisdictional Matters. The Platform is controlled or operated (or both) from the United States. The Platform is not intended to subject Streamland to any jurisdiction or law other than that of the United States. Any use of the Platform is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. Streamland may limit the Platform’s availability at any time, in whole or in part, to any person, entity, geographic area, or jurisdiction that Streamland chooses. 

4. Rules of Conduct. In connection with the Platform, you agree that you will not: 

4.1. Post, transmit, propagate, or otherwise make available through or in connection with the Platform: 

 Anything that is or may be (a) threatening, harassing, degrading, hateful, or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent, or otherwise tortious; (c) obscene, indecent, pornographic, or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right without the express prior written consent of the applicable owner. 

 Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities. 

 Any virus, malware, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, the Platform, any Submissions, and/or any hardware, software, systems or equipment. 

 Any unsolicited or unauthorized advertising, promotional material, or any other form of advertising or solicitation, except with Streamland’s prior express written consent. 

 Any material, non-public information, materials, files, data, content (including, without limitation, as part of your Submissions) about a company without the proper authorization to do so. 

4.2. Use the Platform for any purpose that is fraudulent or otherwise tortious or unlawful.  

4.3. Harvest or collect information, materials, files, data, content, or Submissions about users of the Platform. 

4.4. Interfere with or disrupt the operation of the Platform, or the servers or networks used to make the Platform available, or violate any requirement, procedure, or policy of such servers or networks.  

4.5. Attempt to gain unauthorized access to, disrupt the integrity or performance of, the Platform or any i information, materials, files, data, content, or Submissions contained therein or associated therewith. 

4.6. Restrict or inhibit any other person from using the Platform. 

4.7. Reproduce, duplicate, create derivative works based on, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Platform (unless otherwise agreed in writing). 

4.8. Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Platform, except where such restriction is expressly prohibited by applicable laws. 

4.9. Remove any copyright, trademark, or other proprietary rights notice from the Platform or any information, materials, files, data, content, or Submissions residing on the Platform. 

4.10. Frame or mirror any part of the Platform without Streamland’s express prior written consent.  

4.11. Create a database by systematically downloading and storing any or all Platform information, materials, files, data, content and/or Submissions. 

4.12. Use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather information, materials, files, data and/or content residing on the Platform (including, without limitation, Submissions), or reproduce or circumvent the navigational structure or presentation of the Platform without Streamland’s prior written consent.  

4.13. Use the Platform, or permit it to be used, for purposes of product evaluation, benchmarking or other comparative analysis intended for publication without Streamland's prior written consent (which may be withheld in Streamland’s sole discretion). 

4.14. Use the Platform in an unreasonable manner (as determined by Streamland in its sole and absolute discretion). 

You are responsible for obtaining, maintaining, and paying for all hardware and all telecommunications and other services needed to use the Platform. 

5. Feedback. If you provide to Streamland any information, data, ideas, proposals, suggestions, or other materials related to the (i) Platform, including, without limitation, Streamland’s operation thereof, or any confidential information, and/or (ii) Streamland’s or any of its Affiliated Entity (defined below) products or services which may embody the Platform or any related confidential information (collectively, “Feedback”), you hereby acknowledge and agree that such Feedback is not confidential, subject to any right of any third party, or otherwise restricted in use, and that your provision of such Feedback is gratuitous, unsolicited, and without restriction and does not place Streamland under any fiduciary or other obligation. 

6. Registration; User Names; Passwords. You may need to register to use all or part of the Platform. Streamland may reject, or require that you change, any user name, password, or other information, materials, files, data, content and/or Submissions that you provide to Streamland in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not Streamland, are responsible for any use or misuse of your user name or password, and you must promptly notify Streamland of any confidentiality breach or unauthorized use of your user name or password or your Platform account. The Platform is for business and professional purposes only. 

7. Profiles and Forums. Platform users (including you) may make available certain audio/video, audio, or visual content, information, materials, files, data, images, and/or other materials (each, a “Submission”) through or in connection with the Platform, on profile pages, or on the Platform’s interactive services such as message boards and other forums, and chatting, commenting and other messaging functionality. Streamland has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL OR OTHER INFORMATION, DATA FILES, CONTENT and/or MATERIALS OR SUBMISSIONS PUBLICLY AVAILABLE THROUGH THE PLATFORM, YOU DO SO AT YOUR OWN RISK. 

8. License. For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to Streamland a worldwide, royalty-free, fully paid-up, and non-exclusive right and license, without additional consideration to you or any third party, to reproduce and display your Submissions through the Platform. You represent and warrant that you have all rights necessary to grant the licenses granted in this section and that your Submissions, and your provision thereof through and in connection with the Platform, are complete and accurate and are not fraudulent, malicious, tortious, or otherwise in violation of any applicable law or any right of any third party. 

9. Monitoring. Streamland may (but has no obligation to) itself or through a third party entity monitor, evaluate, alter, or remove Submissions before or after they appear on the Platform. Streamland may disclose any Submissions and the circumstances surrounding their transmission as reasonably necessary in connection with any enquiries made by law enforcement, judicial or other governmental authorities. 

10. Streamland’s Proprietary Rights. You acknowledge that all right, title and interest in and to the Platform and any confidential and proprietary information provided by Streamland and/or its affiliates, and all involved or related intellectual property therein or thereto, shall remain the property of and are owned exclusively by Streamland and/or its affiliate(s) and/or their respective licensors (as applicable). You obtain no rights, licenses or interest hereunder, whether express or implied, by estoppel or otherwise, in and to the Platform and/or any of the trademarks, trade names, service marks or the like (“Brand Features”), or any other intellectual property (including patents and copyrights) or any confidential information, of Streamland or its affiliates. Streamland’s Brand Features include “PULSE”, “STREAMLAND”, and any associated logos. You may not use Streamland’s Brand Features without Streamland’s prior written consent in each instance. All Brand Features on the Platform not owned by Streamland are the property of their respective owners. Nothing contained on the Platform should be construed as granting any right to use any Brand Feature without the prior written consent of its lawful owner. 

11. Third Party Materials; Links. Certain Platform functionality may make available access to third party materials, including, without limitation, information, materials, files, data, content, services, and/or products (collectively, “Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing Streamland to access, route, and transmit to you the applicable Third Party Materials. Streamland neither controls nor endorses, nor is Streamland responsible for, any Third Party Materials, including, without limitation, the accuracy, integrity, quality, legality, usefulness, or safety of Third Party Materials or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading, or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Streamland with respect to any Third Party Materials. Streamland has no obligation to monitor Third Party Materials, and Streamland may block or disable access to any Third Party Materials (in whole or part) through the Platform at any time (and without notice). In addition, the availability of any Third Party Materials through the Platform does not imply Streamland’s endorsement of, or Streamland’s affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider. YOUR ACCESS TO AND USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE, TERMS OF USE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS). 

12. Disclaimer of Warranties. STREAMLAND TAKES REASONABLY APPROPRIATE STEPS TO KEEP THE PLATFORM SECURE. HOWEVER, YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE PLATFORM AND THIRD PARTY MATERIALS ARE NOT GUARANTEED TO REMAIN ABSOLUTELY SECURE. STREAMLAND, THEREFORE, DISCLAIMS ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, THAT THE SECURITY OF THE PLATFORM WILL NEVER BE BREACHED. IN THE EVENT THAT STREAMLAND BECOMES AWARE THAT THE SECURITY OF THE PLATFORM HAS BEEN BREACHED, STREAMLAND WILL USE COMMERCIALLY REASONABLE EFFORTS TO RESOLVE SUCH BREACH. YOU ACKNOWLEDGE AND AGREE THAT STREAMLAND DOES NOT GUARANTEE THAT THE PLATFORM IS OR WILL REMAIN UPDATED, COMPLETE, OR CORRECT OR THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED ABOVE, THE PLATFORM, ITS RELATED SERVICES, AND ANY THIRD PARTY MATERIALS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY, WITHOUT WARRANTY, CONDITION, OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. STREAMLAND DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PLATFORM AND ANY PRODUCTS, SERVICES, AND THIRD PARTY MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH STREAMLAND AND ITS AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”). YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE FOREGOING WARRANTY DISCLAIMERS ARE FUNDAMENTAL ELEMENTS OF THE BASIS UPON WHICH ACCESS TO THE PLATFORM IS PROVIDED, AND THAT STREAMLAND WOULD NOT BE ABLE TO PROVIDE THE RIGHTS TO ACCESS AND BENEFIT FROM THE PLATFORM WITHOUT SUCH DISCLAIMERS. 

13. Limitation of Liability. NEITHER STREAMLAND NOR ANY OF ITS AFFILIATED ENTITIES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, NEITHER STREAMLAND NOR ITS AFFILIATED ENTITIES WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM OR FROM ANY PRODUCTS, SERVICES, OR THIRD PARTY MATERIALS AVAILABLE VIA THE PLATFORM. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM OR ANY PRODUCTS, SERVICES, OR THIRD PARTY MATERIALS AVAILABLE VIA THE PLATFORM IS TO STOP USING THE PLATFORM. THE MAXIMUM AGGREGATE LIABILITY OF STREAMLAND AND ITS AFFILIATED ENTITIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF TEN U.S. DOLLARS (USD$10.00) OR THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO STREAMLAND TO USE THE SPECIFIC PLATFORM SERVICES GIVING RISE TO THE CLAIM IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH STREAMLAND AND THE AFFILIATED ENTITIES. Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have certain additional rights. 

14. Authority. You represent and warrant that in accessing and using the Platform you are duly authorized to do so by your employer or the organization that you purport to be representing. Accordingly, the employer or other organization will be strictly liable for any of your acts or omissions that are in contravention of the terms and conditions of this Agreement. 

15. Indemnity. Except to the extent prohibited under applicable law, you (and the entity you represent) agree to defend, indemnify, and hold harmless Streamland and its Affiliated Entities from and against any and all claims, losses, liabilities, damages, costs, fines, and expenses (including attorneys’ fees, expert witness fees, and court costs) arising out of or related to (a) your use of, or activities in connection with, the Platform (including all Submissions); and (b) any violation or alleged violation of this Agreement by you (or the entity you represent). 

16. Termination. This Agreement is effective until terminated. Streamland may terminate or suspend your use of the Platform at any time and without prior notice, including, without limitation, if Streamland believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Platform will immediately cease, and Streamland may, without liability to you or any third party, immediately deactivate or delete your user name, password, and account and all associated materials (including your Submissions), without any obligation to provide any further access to such materials. All provisions of this Agreement will remain in full force and effect notwithstanding the termination or suspension of your use or access to the Platform. 

17. Governing Law; Jurisdiction. This Agreement is governed by the laws of the State of California, USA, without regard to its principles of conflicts of law, and regardless of your location. ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE PLATFORM, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND STREAMLAND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER THEORY OF LIABILITY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU ACKNOWLEDGE AND AGREE THAT YOU AND STREAMLAND ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE HEREBY AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules (“Supplementary Procedures”), as amended by this Agreement. The Supplementary Procedures are available online at https://www.adr.org/active-rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by Streamland that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.  

18. Information or Complaints. If you have a question or complaint regarding the Platform, please send an e-mail to pulse support. You may also contact Streamland by writing to Streamland Media LLC., 6040 Sunset Blvd., Hollywood, California 90028, Attn: General Counsel. Because e-mail communications are not necessarily secure, do not include credit card information or other sensitive information in your e-mail correspondence with us. 

19. Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Platform infringe your copyright, you (or your agent) may send to Streamland a written notice by mail, e-mail, or fax, requesting that Streamland remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Streamland a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to Notices and counter-notices should be sent to Streamland’s legal department. 

20. Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant, and covenant that you are not (a) located in, or a resident or a national of, any country subject to a United States government embargo or other restriction or that has been designated by the United States government as a “terrorist supporting” country; and (b) on any of the United States government lists of restricted end users. 

21. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Streamland. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without Streamland’s prior written consent. Streamland may assign, transfer, or sublicense any or all of its rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is for convenience only and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation”. This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Streamland relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Streamland relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Platform or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Streamland will not be responsible for any failure to fulfill any obligation due to any cause beyond its reasonable control.