Acceptance of Terms
Modification of Terms
3Pulse reserves the right, at its sole discretion, to modify or replace the Terms at any time. If the alterations constitute a material change to the Terms, 3Pulse will notify you by posting an announcement on the Site. What constitutes a material change will be determined at 3Pulse’s sole discretion. You are responsible for reviewing and becoming familiar with any such modifications. Using any Service or viewing any Visual Content constitutes your acceptance of the Terms as modified.
In addition, when using particular features of the Services, you are subject to any posted guidelines, terms or rules applicable to such Services.
Your access to and use of the Site and our Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside of our control. 3Pulse reserves the right to suspend or discontinue the availability of the Site, any Service, and to remove any Visual Content at any time at its sole discretion and without prior notice. 3Pulse may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your Visual Content and you are directed to retain your own copies of all Visual Content posted on the Site.
Registration and Eligibility
You shall not:
- create any account for anyone other than yourself without such person's permission;
- use a User Name that is the name of another person with the intent to impersonate that person; use a User Name or 3Pulse account that is subject to any rights of a person other than you without appropriate authorization;or
- use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
3Pulse reserves the right to refuse registration of, or cancel a User Name, or transfer ownership of a User Name in its sole discretion. Users are solely responsible and liable for activity that occurs on their account and shall be responsible for maintaining the confidentiality of their 3Pulse password. You shall never use another User's account without such other User's prior express permission. You will immediately notify 3Pulse in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
You understand that you are responsible for any charges associated with sending communications via your device. You hereby acknowledge that you have the right to communicate with your contacts via the Service.
You retain the intellectual property rights relating to the Content you make available through the Service. You acknowledge and accept that by making the Content available through the Service, you automatically and free of charge grant 3Pulse an unlimited, worldwide, irrevocable, sublicensable and transferable license to reproduce, distribute, redistribute, modify, translate, adapt, prepare derivative works, display and otherwise use all or part of the Content, by any and all means, in the context of providing the Service and/or our business activities, and within the limits of the privacy settings you have chosen for your content. This means that if you set certain Content to be available publicly, 3Pulse may use such 3Pulse in connection with the Platform, Service and 3Pulse’ business as 3Pulse may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into our travel guides, marketing materials, advertisements and other works, creating derivative works from it, promoting it, and distributing it.
You also hereby do and shall grant each other User you have authorized to access your Content a non-exclusive license to access your Content through the Platform and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, create and order a photo album of, display and perform such Content in connection with their use of the Platform and Service, in order for each other user to be able to (normally) use the Platform and Service. You understand that all information publicly posted or privately transmitted through the Platform is the sole responsibility of the person from which such Content originated; that 3pulse will not be liable for any errors or omissions in any Content; and that 3Pulse cannot guarantee the identity of any other Users with whom you may interact in the course of using the Service.
When you delete your Content, it will be removed from the Service. However, you understand that any removed Content may persist in backup copies for a reasonable period (but following removal will not be shared with others) or may remain with Users who have previously accessed and downloaded your Content.
Rules and Conduct
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by 3Pulse in its sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
- involves commercial activities (whether or not for profit) and/or sales without 3’Pulses prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of 3Pulse or any third party;
- impersonates any person or entity, including any employee or representative of 3Pulse;
- includes anyone's identification documents or sensitive financial information; or
- breaches any 3Pulse policy or rules incorporated therein.
You shall not (directly or indirectly):
- sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right;
- take any action that imposes or may impose (as determined by 3Pulse in its sole discretion) an unreasonable or disproportionately large load on 3Pulse’s (or its third party providers') infrastructure;
- interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
- bypass any measures 3Pulse may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
- run any form of auto-responder or "spam" on the Service;
- use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Platform;
- harvest, scrape, copy or mirror any Content from the Service;
- modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or 3Pulse Content (other than your own Content), except as expressly authorized by 3Pulse;
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
- copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
- otherwise take any action in violation of 3Pulse’s guidelines and policies.
3Pulse does not guarantee that any Content (as defined above) will be made available on the Platform or through the Service. 3Pulse has no obligation to monitor the Platform, Service or Content.
3Pulse' access to your information
Premium Account Services
3Pulse provides premium services to holders of its paid Premium Accounts. To register for a Premium Account, you must be at least 18 years of age and have a valid 3Pulse account. In addition to the general terms and conditions provided for by these Terms, the following terms and conditions apply specifically to Premium Account holders:
1) Services available to Premium Account holders are described on the upgrade page. Premium Accounts are available on an annual/monthly or lifetime membership basis.
2) 3Pulse may modify, suspend, or discontinue the Services provided to Premium Account holders at any time at its sole discretion and without prior notice or providing any refund for any fees paid for Premium Accounts.
3) 3Pulse provides new Premium Account holders without a free trial period.
4) You can cancel auto-renewals at any time on your account settings page. You will have access to your membership until the Premium Account expiry date. After that date you will be downgraded to a free membership. Refunds are eligible for memberships within 7 days of the initial purchase. After 7 days, all memberships are non-refundable.
5) We do not provide refunds on monthly subscription payments. Once you cancel your monthly payment, you will maintain access to your upgraded features for 7 days after your final payment has cleared.
Feedback and Unsolicited Idea Submission Policy
3Pulse welcomes your feedback regarding 3Pulse’ existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us at email@example.com. Any feedback you provide to 3Pulse or any of its employees shall be deemed to be non-confidential.
3Pulse shall be entitled to the unrestricted use of the feedback for any purpose whatsoever, commercial or otherwise, without compensation or attribution to you.
Third Party Sites and Services
The Service may permit Users to link to other websites, apps, services or resources on the Internet, and other websites, services or resources may contain links to the Platform. When you access third party websites, you do so at your own risk. These other websites are not under 3Pulse’s control, and you acknowledge that 3Pulse is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by 3Pulse or any association with its operators. You further acknowledge and agree that 3Pulse shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource. This includes downloading the Platform from third party application stores (e.g., Apple App Store and Google Play Store) authorized by 3Pulse
Conditions of sale
Encryption at Rest
To order any 3Pulse or other products, Users must be at least eighteen (18) years of age or the applicable age of majority in their jurisdiction. If you pay by means of credit card, your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before 3Pulse invoices the credit card for all amounts due and payable. By providing 3Pulse with your credit card number and associated payment information, you agree that 3Pulse is authorized to immediately invoice your account for all fees and charges due and payable to 3Pulse as a result of your purchase of a Premium Account or other products. You agree to immediately notify 3Pulse of any change in the credit card used for payment hereunder or in any associated information.
Fees and Charges
You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including, but not limited to, applicable shipping fees, sales, use or value-added taxes) at the rates in effect when the charges were incurred. Fees charged for goods and services may change at any time without advanced notice. 3Pulse may automatically charge and withhold such fees and charges for orders to be delivered to addresses within any jurisdictions that it deems is required. When you order books or other products for overseas delivery, shipments may be subject to import duties and taxes, which are levied when the package with the books or products arrives at the destination that you specified. Any charges for customs clearance shall be borne by you, as 3Pulse has no control over such charges and cannot foresee the amount charged (if any). You agree that you are the importer of record for goods and services you order and you shall comply with all laws and regulations of the destination country.
You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Such notification shall be sent to the following address: Georgia, Tbilisi, Chugureti District, Lochini Street, N 3, Apartment N 5, or via email at firstname.lastname@example.org
All sales are subject to 3Pulse’s then-current return policies.
Orders and Specifications
To place an order you will need to follow the order procedure set out on the site. Details of the price payable in respect of any product and the procedure for payment are displayed on the site. All products are offered for sale subject to availability and subject to our acceptance of your order.
The order confirmation will contain details of your order, the price and an estimate of the delivery time for the order. It is your responsibility to contact us and notify us of any error or mistake with the order as soon as reasonably practicable. Failure to do so may lead to the incorrect order being sent out to you. Any times or dates stated for delivery are estimates only. We will make reasonable efforts to deliver goods within the time specified, but we do not accept liability for any failure to deliver within that time. We endeavour to display and describe as accurately as possible the printed colours on the products which appear on our site, but we cannot undertake to give any assurance that the colours supplied will exactly match those displayed on your monitor or mobile telephone. We may revise, discontinue or modify products or services at any time without prior notice to you and products may become unavailable without notice. We shall have no liability of any kind if any product or service is not available.
YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR OWN RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. 3PULSE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 3PULSE DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS, (D) THE UNAVAILABILITY OF ALL OR ANY PART OF THE SITE OR THE SERVICES, (E) YOUR USE OF THE SITE OR THE SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES.
3Pulse’s liability, whether based upon (attributable) default, unlawful act or any other ground, is excluded.
Integration and Severability
You may contact 3Pulse at the following address: Georgia, Tbilisi, Chugureti District, Lochini Street, N 3. Individual Entrepreneur Vladimir Prokoshev is registered with the LEPL National Agency of Public Registry in the Georgia under number 302209429.
Last updated: March 30th, 2022