Pulp Terms of Service
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
- "Agreement" refers to these Terms of Service;
- "App" refers to our mobile software application;
- "Service" refers to the services that we provide, including our App and our Site;
- "Site" refers to our website, pulp.mobi;
- "User" refers to anyone who uses our Service, including general visitors to our Site;
- "Pulp" refers to our company, known as "Pulpmaker Ltd"; our Site; our Service; our App; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
- "You" refers to you, the person who is entering into this Agreement with Pulp.
What Pulp Offers
Pulp is a mobile app social network which mixes videos, live-filters and audio. Users can connect with friends to start a discussion, or discover real-time content to join and share a moment. It creates a discussion around a videos.
In order to use our Service, you must meet a number of conditions, including but not limited to:
- You must not be in violation of any embargoes, export controls, or other laws of the Republic of Ireland, European Union, United-States of America or other countries or supranational bodies having jurisdiction over this Agreement, Pulp, and yourself. For example, you must not use our Service if doing so would violate the Common Foreign and Security Policy of the European Union;
- You must not have previously created any other profile with Pulp, unless you receive prior permission from Pulp to create an additional profile;
- You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 13 years of age;
- You must provide us with personal information and other information that we deem necessary to provide you with our Service.
Nature of Service
Pulp permits Users to share ideas and content amongst themselves. Unless otherwise stated, Pulp itself does not endorse or condone the publications of any of its Users. You hereby agree to release Pulp from any liability relating to any acts or omissions of any other User.
Rules of Use
You must not:
- Violate the laws of the Republic of Ireland, its counties, the European Union, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country;
- Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Pulp. Content which violates any of those terms and is reported by Pulp users will be investigated with a 24h turnaround. As a result your content might be deleted and your account be blocked permanently;
- Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party;
- Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Pulp Site, Service, or its Users’ computers;
- Do anything else which could bring Pulp into disrepute or violate the rights of any person.
Pulp provides you the ability to create personal video stories mixed with music and sound-effects. You own all of your original User Content in any video created by you. However, you do not own any music, audio clips, video, or other content provided by third parties via Pulp, including any such content that you include in a video, and you may only use such content for private noncommercial purposes and to the extent of the functionality of Pulp.
Pulp provides you the ability to create private videos only viewable by yourself. You agree that Pulp will not be liable in case of piracy or hack of on our platform or your personal account by a third-party.
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
Pulp must be assured that it has the right to use the content that is posted to its Site by its Users. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our Site, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
Copyright & Trademark Infringement, Defamation, and Other Violations of Rights
Pursuant to Statutory Instrument Number 68/2003, if you believe that your rights have been infringed by any publication on our Site, please send us:
- Your name;
- The name of the party whose rights have been infringed, if different from your name;
- The name and description of the work that is being infringed (in the case of intellectual property infringement);
- The location on our website of the offending publication;
- A statement that you have a good faith belief that the publication violates your rights or the rights of the person who you are authorized to represent, with an explanation of the legal basis for your statement;
You may be charged fees by your mobile carrier for data usage by our App. You agree that Pulp is not liable for such fees, and you are hereby advised to review your contract with your mobile carrier to ensure that you are aware of any potential third party charges related to the use of our App.
You agree that you are being granted a licence to use one copy of our App on a device and operating system for which it is designed. Pulp may revoke this licence to you at any time without cause, at which point you agree you will take all necessary measures to remove Pulp and its derivative files from any hardware under your possession or control.
You agree that you will not attempt to reverse engineer, copy, or otherwise tamper with or redistribute our App without Pulp’s prior express written permission.
Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS "REPRESENTATIONS & WARRANTIES" SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, RESIDENTS OF THE STATE OF CALIFORNIA IN THE UNITED STATES MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
Choice of Law
This Agreement shall be governed by the laws in force in the Republic of Ireland. The offer and acceptance of this contract are deemed to have occurred in the Republic of Ireland.
Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the Republic of Ireland. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within the District Court of County Dublin in accordance with the Small Claims Procedure established under the District Court (Small Claims Procedure) Rules, 1997 & 1999 as amended by Statutory Instrument No. 519 of 2009, Order 53A.
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Procedure, you agree not to bring the other claims against us and to instead proceed within the Small Claims Procedure.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the District Court when proceeding under the Small Claims Procedure, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Procedure. At the time of drafting this Agreement, the monetary jurisdiction of the District Court when proceeding under the Small Claims Procedure is €2,000.
You agree that if a dispute is eligible to be heard using the Small Claims Procedure but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute using the Small Claims Procedure.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Pulp shall have the sole right to elect which provision remains in force.
Pulp reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
Termination & Cancellation
We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page accordingly and require you to accept the amendments in order for you to be able to continue using our Service.
- Last Modified: September 13, 2016