With our proprietary technology, we provide targeted advertisements and promotional materials (text, photos, audio/music, videos) that may involve social media tools and services. Ads are placed on partner websites. By using the Application, you understand and expressly agree that (A) the advertisers using our Application to place Ads on partner websites (the “Advertisers”) have no connection (legal, financial or otherwise) with SofiaPulse, and (B) at no time will SofiaPulse be responsible for any products, services or lack thereof, that the Advertisers or the publishers may provide you.
The Application and the Services may use social networking or “share functionality” or contain links to third party sites (including Advertisers’ websites) or resources that are not owned or controlled by SofiaPulse (including the applications/tools and services of Publishers) (collectively, “Third Party Content”). SofiaPulse has no control over, and assumes no responsibility for, any share functionality or the content, privacy policies, terms of services, payment terms, practices or availability of any Third Party Content. You are and remain subject to the policies of those third parties where applicable. By using the Application and the Services, you expressly relieve SofiaPulse from any and all liability (direct or indirect) arising from your use of any Third Party Content accessed from through the Application. Reference made through the Application 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 by SofiaPulse. We encourage you to ask questions before you disclose your personal information to anyone and review all applicable privacy policies.
In connection with your use of the Application, you may display, post, transmit or otherwise make available certain user-generated content (“UGC”), e.g. text, messages, tags or other works of authorship. You understand and expressly agree that: UGC is the sole responsibility of the person from whom such UGC originated. This means that you, and not SofiaPulse are entirely responsible for all UGC that you display, post, transmit or otherwise make available through the Application and that SofiaPulse is not liable in any way for any loss or damage of any kind incurred as a result of the use of any UGC that is displayed, posted, transmitted or otherwise made available through the Application;
SofiaPulse does not control any UGC posted through the Application and, as such, does not guarantee the accuracy, integrity or quality of such UGC. You understand that by using the Application, you may be exposed to UGC that is offensive, indecent or objectionable.
You acknowledge that your access to and use of the Application and/or the provision Services may be suspended for any reason, including as a result of power outages, system failures or other interruptions. SofiaPulse shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any service interruption.
If you choose to communicate to us suggestions for improvements to the Application or the Services (collectively, “Feedback”), we shall own all right, title, and interest in and to the Feedback and we shall be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to us and waive all you moral rights in the Feedback, and agree to provide us such assistance as we may require to document, perfect, and maintain our rights to the Feedback. You acknowledge and agree that: (A) your Feedback does not contain confidential or proprietary information; (B) SofiaPulse is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (C) SofiaPulse shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide; (D) SofiaPulse may have something similar to the Feedback already under consideration or in development; and (E) you are not entitled to any compensation or reimbursement of any kind from SofiaPulse under any circumstances.
“As Is”. THE APPLICATION AND THE SERVICES (INCLUDING ALL THEIR CONTENT) ARE PROVIDED TO YOU “AS IS.” THE USE OF THE APPLICATION AND THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR HARDWARE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE APPLICATION OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SofiaPulse DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SofiaPulse MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE APPLICATION AND THE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SofiaPulse DISCLAIMS ANY LIABILITY RELATING THERETO. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
SofiaPulse MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE USE OF THE APPLICATION AND THE PROVISION OF THE SERVICES ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS.
YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION ON VIA THE APPLICATION (INCLUDING BUT NOT LIMITED TO UGC) IS AT YOUR OWN RISK. SofiaPulse DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
SOME OF THE CONTENT DISPLAYED ON THROUGH THE APPLICATION MAY INCLUDE MATERIALS THAT BELONG TO OR ARE PROVIDED BY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO UGC). YOU ACKNOWLEDGE THAT SofiaPulse ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS AND/OR SERVICES.
Limitation of Liability
Applicable Law; Jurisdiction