Last Updated: April 28, 2017
Your Account. You will need to create a Pulsar Entertainment account in order to access some aspects of the Services. You agree to provide accurate and complete information when creating or making changes or updates to your account. You agree to make updates to your account information promptly upon the occurrence of any relevant changes to your account information. You agree to be solely responsible for the activity that occurs on your account, and you agree that it is your sole responsibility to keep your account password secure. You should notify Pulsar Entertainment immediately if you learn or suspect your account password has been compromised or if there has been unauthorized use of your account. You agree that Pulsar Entertainment shall not be responsible for your losses caused by any unauthorized use of your account, and you may be liable for the losses of Pulsar Entertainment or others due to unauthorized use of your account.
You agree that User Generated Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights. Pulsar Entertainment expressly disclaims any and all liability in connection with User Generated Content.
You agree to access, use and/or submit Content solely for lawful, non-infringing purposes; you agree to comply with export and re-export restrictions and regulations, if applicable to you; and you must not transfer, or encourage, or assist with the transfer, directly or indirectly, of the Content to a jurisdiction in which such is prohibited or would violate any restrictions or regulations. You shall not use the Service, Site, any App, or the Content, to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyright and other intellectual property rights of Pulsar Entertainment or any third party. You may not, and you may not encourage, assist or authorize others, directly or indirectly, to reverse engineer, modify, copy, or otherwise tamper with the Services, the Site and any App, or create derivative works from the Services, the Site and any App. You will not use any meta tags or other hidden text or metadata in association with any Content. You will not transmit any Content that contains viruses or other codes, files, or programs designed to cause harm, delay or destruction of any device, program, Service, Site or App, host, or network, or of any other User’s access to and use of the Service, Site or any App. You will not use the site for unsolicited or unauthorized commercial purposes, advertising or solicitation. You will not engage in any fraudulent activity. You agree not to engage in activities prohibited elsewhere in Pulsar Entertainment’s policies.
Pulsar Entertainment may suspend, modify, or discontinue access to certain Content in the event of a rights issue or other business or legal issue.
Interactions with Other Users. You acknowledge and agree that you are solely responsible for your interactions with other Users, and you represent that you will take reasonable precautions for your safety and conduct in your interactions with other Users.
Contests. Contests that you enter on a Pulsar Entertainment Site or any App may have supplemental rules or conditions, but the following general terms apply absent any contrary terms in any applicable supplemental rules or conditions.
Contest Eligibility. You must be 18 years of age or older to submit an entry in any Pulsar Entertainment contest. You must be a registered Pulsar Member, with a valid Pulsar Entertainment account, with current and accurate contact information. No purchase is necessary to enter a contest and a purchase does not improve your chances of winning any contest. Pulsar Entertainment employees and their immediate families, and anyone professionally associated with the contest, are not eligible to enter our contests. Pulsar Entertainment reserves the right to require proof of identity or to verify eligible conditions and potential winning entries, and to award any prize to a winner in person. Contests are void where prohibited by law.
Disclaimer. Please read this section carefully and consult a legal advisor if you do not understand. You agree that your use of the Services, the Site and any App shall be at your sole risk, and not the risk of Pulsar Entertainment, its members, owners, managers, employees, or agents, or any third parties. To the fullest extent allowed by law, Pulsar Entertainment, its members, owners, managers, employees, and agents disclaim all warranties, express or implied, in connection with the Services, the Site and any App, and your use thereof. You acknowledge that Pulsar Entertainment makes no warranties or representations about the accuracy, completeness, or appropriateness of the Content displayed on its Site and any Apps, or that is otherwise viewable in connection with the Services, and assumes no liability or responsibility for any (i) errors, mistakes, inaccuracies, or inappropriateness of Content, (ii) personal injury, property damage, or emotional distress, of any nature whatsoever, resulting from your access to and use of the Services, the Site and any App, (iii) any unauthorized access to or use of the servers used by Pulsar Entertainment and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Services, the Site or any App, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our services by any third party or User, and/or (vi) any errors or omissions in any Content or for any loss or damages of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Services, the Site or any App. You acknowledge that Pulsar Entertainment does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party or User through the Services or any hyperlinked services or featured in any banner or other advertising, and Pulsar Entertainment will not be a party to or in any way be responsible for monitoring or screening any transaction or interaction between you and a third-party provider or other User.
Force Majeure. You agree that Pulsar Entertainment shall not be liable to you by reason of any failure or delay in the performance of its obligations hereunder, or in relation to its Services, the Site or any App, on account of events beyond its reasonable control, which may include, without limitation, denial of service, attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, utilities shortages, failure of the internet, or extraordinary connectivity issues experienced by telecommunications providers and unrelated to Pulsar Entertainment infrastructure or connectivity to the internet or failure at a Pulsar Entertainment facility or location (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, Pulsar Entertainment shall be excused from any further performance of its obligations affected by the Force Majeure Event, without notice to you, for so long as the Force Majeure Event continues, and for such further period of time that Pulsar Entertainment may reasonably require to recover from the effects of such Force Majeure Event.
The Services, Site and any App are controlled and offered by Pulsar Entertainment from its facilities within the United States of America. Pulsar Entertainment makes no representations that the Services, the Site, or any Apps are appropriate or available for use in other locations. Those who access or use the Services, the Site, or any Apps, from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Relationship of the Parties. Nothing herein, or in any policy appearing on the Pulsar Entertainment Site or any App, shall be construed to suggest or mean that the parties hereto are related as a contractor, partner, joint venture, agent, employee or employer of the other. Each party will be independent and act independently. No party will bind or attempt to bind the other party to any contract.
Links to Other Websites, Businesses. The Site and any App may contain links or have references to websites or other businesses controlled by parties other than Pulsar Entertainment. Pulsar Entertainment is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party sites or businesses. Pulsar Entertainment is providing these links or references to you as a convenience, and the inclusion of any link or reference to any business does not imply endorsement by Pulsar Entertainment of the link or business, or the content and materials found at the linked site or referred-to business, except as may be specifically stated otherwise by Pulsar Entertainment. Pulsar Entertainment shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by you in connection therewith. Your access and use of linked sites and referred-to businesses, including any products, services, content, or materials therein, is at your own risk. Further, it is solely your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.
Pulsar Entertainment, LLC
Attn: User Inquiries
36 Cedar Street
Everett, MA 02149
Notifications of Claimed Infringement. Pulsar Entertainment adheres to the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”), and respects the rights of copyright owners.
If you are a copyright owner and believe that your work is being infringed on or through Pulsar Entertainment’s Service, Site, or any App, you may send a notification of claimed infringement (often referred to as a “takedown notice”) to Pulsar Entertainment’s designated agent, listed below. Please note that for takedown notices to be legally effective, they must be provided to our designated agent in writing and include substantially the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Pulsar Entertainment to locate the material.
4. Information reasonably sufficient to permit Pulsar Entertainment to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
Pulsar Entertainment, LLC
Attn: Jeffrey Rice, CEO
36 Cedar Street
Everett, MA 02149
Phone: (508) 873-6021
We will respond expeditiously to claims of copyright infringement using the Pulsar Entertainment services that are properly reported to our designated agent, above, in accordance with the DMCA or, other applicable laws. Please also note that under Section 512(f) of the Copyright Act any person who knowingly and materially misrepresents that material or activity is infringing may be subject to liability.
If you choose to send Pulsar Entertainment a counter notice, to be effective it must be a written communication provided to the designated agent, above, which includes substantially the following:
1. A physical or electronic signature of the User of the Pulsar Entertainment Service, Site or any App.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under the penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The User’s name, address, telephone, and email address.