Date of Last Revision: October 4,
2008.
Welcome to Carolina Pulse, a social
utility that connects you with the people around you. The Carolina Pulse
service and network (collectively, "Carolina Pulse" or "the
Service") are operated by Shakes LLC and its corporate affiliates
(collectively, "us", "we" or "the Company"). By
accessing or using our web site at www.CarolinaPulse.com you (the
"User") signify that you have read, understand and agree to be bound
by these Terms of Use ("Terms of Use" or "Agreement"),
whether or not you are a registered member of Carolina Pulse. We reserve the
right, at our sole discretion, to change, modify, add, or delete portions of
these Terms of Use at any time without further notice. If we do this, we will
post the changes to these Terms of Use on this page and will indicate at the
top of this page the date these terms were last revised. Your continued use of
the Service or the Site after any such changes constitutes your acceptance of
the new Terms of Use. If you do not agree to abide by these or any future Terms
of Use, do not use or access (or continue to use or access) the Service or the
Site. It is your responsibility to regularly check the Site to determine if
there have been changes to these Terms of Use and to review such changes.
PLEASE READ THESE TERMS OF USE
CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS,
REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND
A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Registration
Data; Account Security
In consideration of your use of the
Site, you agree to (a) provide accurate, current and complete information about
you as may be prompted by any registration forms on the Site
("Registration Data"); (b) maintain the security of your password and
identification; (c) maintain and promptly update the Registration Data, and any
other information you provide to Company, to keep it accurate, current and
complete; and (d) be fully responsible for all use of your account and for any
actions that take place using your account.
Proprietary
Rights in Site Content; Limited License
All content on the Site and
available through the Service, including designs, text, graphics, pictures,
video, information, applications, software, music, sound and other files, and
their selection and arrangement (the "Site Content"), are the
proprietary property of the Company, its users or its licensors with all rights
reserved. No Site Content may be modified, copied, distributed, framed,
reproduced, republished, downloaded, scraped, displayed, posted, transmitted,
or sold in any form or by any means, in whole or in part, without the Company's
prior written permission, except that the foregoing does not apply to your own
User Content (as defined below) that you legally post on the Site. Provided
that you are eligible for use of the Site, you are granted a limited license to
access and use the Site and the Site Content and to download or print a copy of
any portion of the Site Content to which you have properly gained access solely
for your personal, non-commercial use, provided that you keep all copyright or
other proprietary notices intact. Except for your own User Content, you may not
upload or republish Site Content on any Internet, Intranet or Extranet site or
incorporate the information in any other database or compilation, and any other
use of the Site Content is strictly prohibited. Such license is subject to
these Terms of Use and does not permit use of any data mining, robots, scraping
or similar data gathering or extraction methods. Any use of the Site or the
Site Content other than as specifically authorized herein, without the prior
written permission of Company, is strictly prohibited and will terminate the
license granted herein. Such unauthorized use may also violate applicable laws
including copyright and trademark laws and applicable communications
regulations and statutes. Unless explicitly stated herein, nothing in these
Terms of Use shall be construed as conferring any license to intellectual
property rights, whether by estoppel, implication or otherwise. This license is
revocable at any time without notice and with or without cause.
Trademarks
CAROLINA PULSE and other Company
graphics, logos, designs, page headers, button icons, scripts and service names
are registered trademarks, trademarks or trade dress of Company in the U.S.
and/or other countries. Company's trademarks and trade dress may not be used,
including as part of trademarks and/or as part of domain names, in connection
with any product or service in any manner that is likely to cause confusion and
may not be copied, imitated, or used, in whole or in part, without the prior
written permission of the Company.
User
Conduct
You understand that except for advertising
programs offered by us on the Site the Service and the Site are available for
your personal, non-commercial use only. You represent, warrant and agree that
no materials of any kind submitted through your account or otherwise posted,
transmitted, or shared by you on or through the Service will violate or
infringe upon the rights of any third party, including copyright, trademark,
privacy, publicity or other personal or proprietary rights; or contain
libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
- harvest or collect email addresses or other contact
information of other users from the Service or the Site by electronic or
other means for the purposes of sending unsolicited emails or other
unsolicited communications;
- use the Service or the Site in any unlawful manner or
in any other manner that could damage, disable, overburden or impair the
Site;
- use automated scripts to collect information from or
otherwise interact with the Service or the Site;
- upload, post, transmit, share, store or otherwise make
available any content that we deem to be harmful, threatening, unlawful,
defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene,
fraudulent, invasive of privacy or publicity rights, hateful, or racially,
ethnically or otherwise objectionable;
- upload, post, transmit, share, store or otherwise make
available any videos other than those of a personal nature that: (i) are
of you or your friends, (ii) are taken by you or your friends, or (iii)
are original art or animation created by you or your friends;
- register for more than one User account, register for a
User account on behalf of an individual other than yourself, or register
for a User account on behalf of any group or entity;
- impersonate any person or entity, or falsely state or
otherwise misrepresent yourself, your age or your affiliation with any
person or entity;
- upload, post, transmit, share or otherwise make
available any unsolicited or unauthorized advertising, solicitations,
promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form
of solicitation;
- upload, post, transmit, share, store or otherwise make
publicly available on the Site any private information of any third party,
including, addresses, phone numbers, email addresses, Social Security
numbers and credit card numbers;
- solicit personal information from anyone under 18 or
solicit passwords or personally identifying information for commercial or
unlawful purposes;
- upload, post, transmit, share or otherwise make
available any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications
equipment;
- intimidate or harass another;
- upload, post, transmit, share, store or otherwise make
available content that would constitute, encourage or provide instructions
for a criminal offense, violate the rights of any party, or that would otherwise
create liability or violate any local, state, national or international
law;
- use or attempt to use another's account, service or
system without authorization from the Company, or create a false identity
on the Service or the Site.
- upload, post, transmit, share, store or otherwise make
available content that, in the sole judgment of Company, is objectionable
or which restricts or inhibits any other person from using or enjoying the
Site, or which may expose Company or its users to any harm or liability of
any type.
User
Content Posted on the Site
You are solely responsible for the
photos, profiles (including your name, image, and likeness), messages, notes,
text, information, music, video, advertisements, listings, and other content
that you upload, publish or display (hereinafter, "post") on or
through the Service or the Site, or transmit to or share with other users
(collectively the "User Content"). You may not post, transmit, or
share User Content on the Site or Service that you did not create or that you
do not have permission to post. You understand and agree that the Company may,
but is not obligated to, review the Site and may delete or remove (without
notice) any Site Content or User Content in its sole discretion, for any reason
or no reason, including User Content that in the sole judgment of the Company
violates this Agreement or which might be offensive, illegal, or that might
violate the rights, harm, or threaten the safety of users or others. You are
solely responsible at your sole cost and expense for creating backup copies and
replacing any User Content you post or store on the Site or provide to the
Company.
When you post User Content to the Site, you authorize and direct us to make
such copies thereof as we deem necessary in order to facilitate the posting and
storage of the User Content on the Site. By posting User Content to any part of
the Site, you automatically grant, and you represent and warrant that you have
the right to grant, to the Company an irrevocable, perpetual, non-exclusive,
transferable, fully paid, worldwide license (with the right to sublicense) to
use, copy, publicly perform, publicly display, reformat, translate, excerpt (in
whole or in part) and distribute such User Content for any purpose, commercial,
advertising, or otherwise, on or in connection with the Site or the promotion
thereof, to prepare derivative works of, or incorporate into other works, such
User Content, and to grant and authorize sublicenses of the foregoing. You may
remove your User Content from the Site at any time. If you choose to remove
your User Content, the license granted above will automatically expire, however
you acknowledge that the Company may retain archived copies of your User
Content. Carolina Pulse does not assert any ownership over your User Content;
rather, as between us and you, subject to the rights granted to us in these
Terms, you retain full ownership of all of your User Content and any
intellectual property rights or other proprietary rights associated with your
User Content.
Copyright
Complaints
We respect the intellectual property
rights of others and we prohibit users from uploading, posting or otherwise
transmitting on the Carolina Pulse website or service any materials that
violate another party's intellectual property rights. When we receive proper
Notification of Alleged Copyright Infringement we promptly remove or disable
access to the allegedly infringing material and terminate the accounts of repeat
infringers as described herein in accordance with the Digital Millennium
Copyright Act. If you believe that any material on the Site infringes upon any
copyright which you own or control, you may send a written notification of such
infringement to our Designated Agent. Please see our Carolina Pulse Copyright Policy
for more information on how to report infringement of your copyright.
Repeat
Infringer Policy
In accordance with the Digital
Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a
policy of terminating, in appropriate circumstances and at Company's sole
discretion, members who are deemed to be repeat infringers. Company may also at
its sole discretion limit access to the Site and/or terminate the memberships
of any users who infringe any intellectual property rights of others, whether
or not there is any repeat infringement.
Third
Party Websites and Content
The Site contains (or you may be
sent through the Site or the Service) links to other web sites ("Third
Party Sites") as well as articles, photographs, text, graphics, pictures,
designs, music, sound, video, information, applications, software and other
content or items belonging to or originating from third parties (the
"Third Party Applications, Software or Content"). Such Third Party
Sites and Third Party Applications, Software or Content are not investigated,
monitored or checked for accuracy, appropriateness, or completeness by us, and
we are not responsible for any Third Party Sites accessed through the Site or
any Third Party Applications, Software or Content posted on, available through
or installed from the Site, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices or other policies of or contained in
the Third Party Sites or the Third Party Applications, Software or Content.
Inclusion of, linking to or permitting the use or installation of any Third
Party Site or any Third Party Applications, Software or Content does not imply
approval or endorsement thereof by us. If you decide to leave the Site and
access the Third Party Sites or to use or install any Third Party Applications,
Software or Content, you do so at your own risk and you should be aware that
our terms and policies no longer govern. You should review the applicable terms
and policies, including privacy and data gathering practices, of any site to
which you navigate from the Site or relating to any applications you use or
install from the site.
Share
Service
Company offers a feature whereby
users of the Site can share with others or post to their own member profile,
videos, articles and other Third Party Applications, Software or Content from,
and/or links to, Third Party Sites through the Service (the "Share
Service"). You acknowledge and agree that your use of the Share Services
and all links, User Content or Third Party Applications, Software or Content
shared through the Share Service is subject to, and will fully comply with the
user conduct rules set forth above and the other terms and conditions set forth
in these Terms of Use.
Carolina
Pulse Business Profiles
Carolina Pulse Business Profiles are
special profiles used solely for commercial purposes. You may not set up a Carolina
Pulse Page on behalf of another individual or entity unless you are authorized
to do so. This includes fan Carolina Pulse Pages, as well as Carolina Pulse
Pages to support or criticize another individual or entity.
CAROLINA PULSE DOES NOT PRE-SCREEN OR APPROVE CAROLINA PULSE BUSINESS PROFILES,
AND CANNOT GUARANTEE THAT A CAROLINA PULSE BUSINESS PROFILE WAS ACTUALLY
CREATED AND IS BEING OPERATED BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT
OF A CAROLINA PULSE BUSINESS PROFILE. NOR IS CAROLINA PULSE RESPONSIBLE FOR THE
CONTENT OF ANY CAROLINA PULSE BUSINESS PROFILE, OR ANY TRANSACTIONS ENTERED
INTO OR OTHER ACTIONS TAKEN ON OR IN CONNECTION WITH ANY CAROLINA PULSE BUSINESS
PROFILE, INCLUDING HOW THE OWNER OF THE CAROLINA PULSE BUSINESS PROFILE
COLLECTS, HANDLES, USES AND / OR SHARES ANY PERSONAL INFORMATION IT MAY COLLECT
FROM USERS (PLEASE REVIEW THE CAROLINA PULSE PRIVACY POLICY IF YOU HAVE ANY QUESTIONS OR CONCERNS REGARDING THE USE OR
SHARING OF YOUR PERSONAL INFORMATION). YOU SHOULD BE CAREFUL BEFORE PROVIDING
ANY PERSONAL INFORMATION TO OR ENTERING INTO ANY TRANSACTION IN CONNECTION WITH
A CAROLINA PULSE BUSINESS PROFILE.
User
Disputes
You are solely responsible for your
interactions with other Carolina Pulse users. We reserve the right, but have no
obligation, to monitor disputes between you and other users.
Privacy
We care about the privacy of our
users. Click here
to view the Carolina Pulse's Privacy Policy. By using the Site or the Service,
you are consenting to have your personal data transferred to and processed in
the United States.
Disclaimers
The Company is not responsible or
liable in any manner for any User Content or Third Party Applications, Software
or Content posted on the Site or in connection with the Service, whether posted
or caused by users of the Site, by Carolina Pulse, by third parties or by any
of the equipment or programming associated with or utilized in the Site or the
Service. Although we provide rules for user conduct and postings, we do not
control and are not responsible for what users post, transmit or share on the
Site and are not responsible for any offensive, inappropriate, obscene,
unlawful or otherwise objectionable content you may encounter on the Site or in
connection with any User Content or Third Party Applications, Software or Content.
The Company is not responsible for the conduct, whether online or offline, of
any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for
maintenance or other reasons. Company assumes no responsibility for any error,
omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of, User communications. The Company is not responsible for any technical
malfunction or other problems of any telephone network or service, computer
systems, servers or providers, computer or mobile phone equipment, software,
failure of email or players on account of technical problems or traffic
congestion on the Internet or at any Site or combination thereof, including
injury or damage to User's or to any other person's computer, mobile phone, or
other hardware or software, related to or resulting from using or downloading
materials in connection with the Web and/or in connection with the Service.
Under no circumstances will the Company be responsible for any loss or damage,
including any loss or damage to any User Content or personal injury or death,
resulting from anyone's use of the Site or the Service, any User Content or
Third Party Applications, Software or Content posted on or through the Site or
the Service or transmitted to Users, or any interactions between users of the
Site, whether online or offline.
THE SITE, THE SERVICE, ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE
PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL
REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY
SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM
APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR
MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE,
COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS
SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING
OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE
TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND
AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR
SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY
PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE
OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and
other items used or contained in the Site and any Services and Platform
Applications offered through the Site at any time without notice. Reference to
any products, services, processes or other information, by trade name,
trademark, manufacturer, supplier or otherwise does not constitute or imply
endorsement, sponsorship or recommendation thereof, or any affiliation
therewith, by Company.
Limitation
on Liability
IN NO EVENT WILL COMPANY OR ITS OWNERS,
DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON
FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE
DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF
THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT
OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF
THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO
COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE
COMPANY'S LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE
PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF
ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES
OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MAY HAVE ADDITIONAL RIGHTS.
Termination
The Company may terminate your
membership, delete your profile and any content or information that you have
posted on the Site or through any Platform Application and/or prohibit you from
using or accessing the Service or the Site or any Platform Application (or any
portion, aspect or feature of the Service or the Site or any Platform Application)
for any reason, or no reason, at any time in its sole discretion, with or
without notice. When we are notified that a user has died, we will generally,
but are not obligated to, keep the user's account active under a special
memorialized status for a period of time determined by us to allow other users
to post and view comments.
Governing
Law; Venue and Jurisdiction
By visiting or using the Site and/or
the Service, you agree that the laws of the North Carolina, without regard to
principles of conflict of laws, will govern these Terms of Use and any dispute
of any sort that might arise between you and the Company or any of our
affiliates. With respect to any disputes or claims not subject to arbitration
(as set forth below), you agree not to commence or prosecute any action in
connection therewith other than in the state and federal courts of North
Carolina, and you hereby consent to, and waive all defenses of lack of personal
jurisdiction and forum non conveniens with respect to, venue and jurisdiction
in the state and federal courts of North Carolina.
Arbitration
YOU AND COMPANY AGREE THAT, EXCEPT
AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY
SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND
REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING
OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO
OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION,
except that: (a) to the extent that either of us has in any manner infringed
upon or violated or threatened to infringe upon or violate the other party's
patent, copyright, trademark or trade secret rights, or you have otherwise
violated any of the user conduct rules set forth above or in the Code of
Conduct then the parties acknowledge that arbitration is not an adequate remedy
at law and that injunctive or other appropriate relief may be sought.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM
UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM,
INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF
THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no
event shall any claim, action or proceeding by you related in any way to the
Site and/or the Service (including your visit to or use of the Site and/or the
Service) be instituted more than three (3) years after the cause of action
arose.
Indemnity
You agree to indemnify and hold the
Company, its subsidiaries and affiliates, and each of their owners, directors,
managers, officers, agents, contractors, partners and employees, harmless from
and against any loss, liability, claim, demand, damages, costs and expenses,
including reasonable attorney's fees, arising out of or in connection with any
User Content, any Third Party Applications, Software or Content you post or
share on or through the Site your use of the Service or the Site, your conduct
in connection with the Service or the Site or with other users of the Service
or the Site, or any violation of this Agreement or of any law or the rights of
any third party.
Submissions
You acknowledge and agree that any
questions, comments, suggestions, ideas, feedback or other information about
the Site or the Service ("Submissions"), provided by you to Company
are non-confidential and shall become the sole property of Company. Company
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.
Definitions
and Constructions
Unless otherwise specified, the
terms "includes", "including", "e.g.,", "for
example", and other similar terms are deemed to include the term
"without limitation" immediately thereafter. Terms used in these
Terms with the initial letter(s) capitalized will have the meaning attributed
to them in these Terms.
Other
These Terms of Use constitute the
entire agreement between you and Company regarding the use of the Site and/or
the Service, superseding any prior agreements between you and Company relating
to your use of the Site or the Service. The failure of Company to exercise or
enforce any right or provision of these Terms of Use shall not constitute a
waiver of such right or provision in that or any other instance. If any
provision of this Agreement is held invalid, the remainder of this Agreement
shall continue in full force and effect. If any provision of these Terms of Use
shall be deemed unlawful, void or for any reason unenforceable, then that
provision shall be deemed severable from these Terms of Use and shall not
affect the validity and enforceability of any remaining provisions.
