TERMS AND CONDITIONS
PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS
BEFORE USING THE WEBSITE
”Pulsar Chain” is the commercial name of a legal entity having its headquarters in Switzerland (hereinafter ”Pulsar”).
We reserve the right to modify, change and update these terms and conditions at any time. All changes are effective immediate. We do not guarantee that you can be notified regarding such changes, so it’s your sole responsibility to stay updated on any changes we may implement to the Terms and Conditions of the Website.
Such changes will only affect the relationship with the user for the future. The continued use of the Website will signify the user’s acceptance of the revised Terms. If users do not wish to be bound by the changes, they must stop using the Website. If required by applicable law, PULSAR will specify the date by which the modified Terms will enter into force.
In the event that any provision of these Terms and conditions is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms and conditions will remain in full force and effect. Any failure of PULSAR to enforce any right or provision of these Terms and conditions will not be deemed a waiver of such right or provision.
In order to address a question, to resolve a complaint regarding the use of the Website or of the services, or to receive further information regarding the services, please contact PULSAR via e-mail at email@example.com.
II. ACCESING THE WEBSITE, PLATFORM AND THE SERVICES
The Users understand that the information made available by PULSAR or third parties only have the purpose of informing the Users regarding the Website, the platform or any other applications and use cases. PULSAR does not guarantee the accuracy of the information presented by PULSAR or third parties and will not be liable for any liability of the Users resulting from the usage of the informational materials. The Users undertake to use the informational materials of PULSAR or third parties at their own risk.
Before you use a service provided by PULSAR you need to connect by using a Metamask wallet on the platform. When using your Metamask wallet to access our platform and services, you agree that you are using that wallet under the terms and conditions imposed by the provider of the wallet services. Wallets are not operated by or maintained by PULSAR, and PULSAR does not have custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents. PULSAR shall not be held liable for any issue regarding a possible wallet malfunction.
PULSAR is not responsible in any way for the security and the activity of your wallet or any damage you may incur if you fail to take the adequate security measures to protect your wallet, your credentials or your blockchain address or other account details.
PULSAR is not responsible in any way for the way you use your account, your activity on the platform associated with your account or when using any feature of the services, or the content you create on the platform. PULSAR shall not be liable in any way for any damage you may incur or suffer as a result of your activity or your interactions with other users in the PULSAR digital ecosystem. You are the sole responsible for your use of any feature or services of the website and for any content you create, including compliance with applicable laws, rules, and regulations.
PULSAR shall have the right at any time to change or discontinue any or all aspects or features of the Websites or of certain services. PULSAR reserves the right to terminate your access to the Website or to any of its features or services at any time, without or without notice, for violation of these Terms and conditions or for any other reason, at PULSAR’s sole discretion.
III. OWNERSHIP AND PROPERTY RIGHTS
The architecture of the Website, its graphics, user interfaces, visual interfaces, symbols and representations, logos, artwork and computer code provided on the Website belongs to PULSAR and is protected by copyright, patent and trademark laws, intellectual property law.
The Website in whole or in part may not be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution for any commercial purpose, without PULSAR’s express prior written consent.
All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners. All content uploaded, displayed, sold or bought on the Website and through the usage of Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder.
Any and all applicable statutory limitation or exception to copyright shall stay unaffected.
IV. THIRD PARTY CONTENT AND SERVICES
PULSAR is an open-source platform that enables third parties to build applications, create other use cases and establish various commercial relations using different tools and services available, such as smart contracts. PULSAR has no control and assumes no legal responsibility for the actions of the users on the PULSAR platform and the interactions they have with other users on the platform.
When interacting with each other, users of the platform may impose additional or different terms and conditions. It is your sole responsibility to comply to any third-party rules, conditions and regulations.
These Terms and Conditions do not govern the use of other third-party websites, applications or other use cases and does not monitor or have any control over, and make no claim or representation regarding these websites. Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
PULSAR does not undertake or assume any duty to monitor the actions of users on the platform or check the content submitted by users on the platform.
The usage of the PULSAR open-source blockchain solution does not grant any ownership rights regarding the solution.
PULSAR grants the User, under the Terms and Conditions of PULSAR, a personal, limited, revocable, non-transferable, non-sublicensable license to access and use the blockchain solution.
The blockchain solution, its subsequent updates and connected services or the source codes will not, under any circumstances, be modified, backtrack engineered, copied, distributed or used for derived works.
VI. GENERAL RULES OF USAGE
The platform may only be used within the scope of what they are provided for, under these Terms and applicable law.
You are entirely responsible for the way you use the platform. By accessing and using Website and the platform you agree that you will not use it in such manner that may cause any kind of damage or harm to others.
You agree that you will not violate any law, contract, intellectual property or other third-party right, and that you are solely responsible for your conduct and content, while accessing or using the Website or the platform.
PULSAR cannot and will not be liable for any loss or damage arising from the usage of the website and the platform or for failure to comply with these Terms and Conditions or with any applicable law or regulations.
You agree to be responsible for all actions taken using your account, whether authorized by you or not, until you either close your account or notify the company that your account and has been compromised.
While using the Website or the platform you may not take any action that violates any law, infringes anyone’s intellectual property rights, violates anyone’s privacy, or breaches agreements you have established privately with others.
While using the website or the platform you are not allowed to engage in any criminal or illegal activities and you may not build applications or other use cases that are illegal, offensive, or otherwise harmful to others. This includes applications or use cases that are harassing, inappropriate, or abusive.
You will not take any action or use the website or the platform in any malicious way that could lead to technical problems or damage of the Website, its features, the platform or any of the applications and use cases based on the platform. PULSAR may investigate and prosecute violations of these terms and conditions to the fullest legal extent. The company may notify and cooperate with law enforcement authorities in prosecuting violations of the law in relation to the usage of the Website, the platform or other applications and use cases.
PULSAR reserves the right to take any appropriate measure to protect its legitimate interests including by denying users access to the Website or platform, terminating contracts, reporting any misconduct performed through the Website or platform to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
-violate laws, regulations and/or these Terms;
-infringe any third-party rights;
-considerably impair PULSAR’s legitimate interests;
-offend PULSAR or any third party.
PULSAR reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the user’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of PULSAR.
VII. LIMITATION OF LIABILITY
PULSAR shall not bear any liability for the actions or conduct of any user or of any third parties in connection to the usage of Website, the platform or any other applications and use cases. Users take full responsibility for the use of the Website, the platform or any other applications and use cases.
PULSAR may, at any time, audit the Users engaged in mining operations, on-site or remotely, regarding the utilized devices and renewable energy compliance of the miner Users. PULSAR will not be responsible for the accuracy of the audit results and does bear any liability for the potential losses of the Green Miners Users that could enquire damages by the actions of a fraudulent User. The User that enrols for the Green Miners benefits as presented by PULSAR which do not comply with the necessary renewable energy standards are solely responsible for the consequences caused by their misconduct.
PULSAR will not be liable for any market fluctuation of the PULS token price. The Users understand that the token may be highly volatile and are responsible accountable for any and all of their actions regarding the PULS token. PULSAR shall not bear any liability related to the continuance of the PULS token listings on secondary markets.
To the maximum extent permitted by applicable law, in no event shall PULSAR, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:
-any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Website, the platform or any other applications and use cases;
-any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Website, the platform or any other applications and use cases or the information contained therein;
-Software problems of the Website and/or any PULSAR-related software or service, including, but not limited to, corrupted wallet file, incorrectly constructed transactions, unsafe cryptographic libraries.
-any errors, mistakes, or inaccuracies of content;
-personal injury or property damage, of any nature whatsoever, resulting from user access to or use of the Website, the platform or any other applications and use cases;
-any unauthorized access to or use of PULSAR’s secure servers and/or any and all personal information stored therein;
-any interruption or cessation of transmission to or from the Website, the platform or any other applications and use cases;
-any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Website, the platform or any other applications and use cases;
-any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Website, the platform or any other applications and use cases; and/or
-any direct, indirect, punitive, incidental or consequential damages or damages for lost profits, arising out of, or in any way connected with usage of the Website, the platform or any other applications and use cases.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.
Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, users shall have no right to claim damages against PULSAR (or any natural or legal person acting on its behalf).
If you have a dispute with one or more users in connection to the usage of the website, the platform or any other applications and use cases, you hereby agree that you release PULSAR from all claims and damages of any kind arising out or connected in any way with such disputes.
VIII. TAX OBLIGATIONS COMPLIANCE
The Users are solely responsible for determining the amount of the potentially applicable taxes applicable to the outcomes of their usage of the Website, the platform or any other applications and use cases. PULSAR is not bound to determine the taxes that the Users shall pay and is free from any liability resulting from a lack of compliance by the Users.
The user agrees to defend, indemnify and hold harmless PULSAR, its affiliates, licensors and service providers, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of:
-user’s use of and access to the Website, the platform or any other applications and use cases, including any data or content transmitted or received by the user;
-user’s violation of these terms, including, but not limited to, user’s breach of any of the representations and warranties set forth in these terms;
-user’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
-user’s violation of any statutory law, rule, or regulation;
-any content that is submitted from user’s account, including third party access with user’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
-user’s willful misconduct; or
-statutory provision by user or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.
X. APPLICABLE LAW AND DISPUTE RESOLUTION
These Terms will be governed by and construed in accordance with the laws of Switzerland, and the courts of Switzerland will have exclusive jurisdiction over any claim or dispute arising under or in connection with the usage of the Website, the platform or any other applications and use cases or these Terms and Conditions.
Although the Website, the platform or any other applications and use cases may be available and accessible in other jurisdictions, each user hereby acknowledges and agrees that such availability shall not be deemed to give rise to general or specific personal jurisdiction over the jurisdiction mentioned above.
However, PULSAR retains the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. By accessing the Website, the platform or any other applications and use cases you waive any and all objections regarding the applicable law and jurisdiction.
PULSAR is not obliged to comply with the obligations set out in the present Terms and Conditions, as a result of a cause beyond its control, including but not limited to fortuitous events (e.g., legal measures in war or strike situations, also when they occur in third party companies, official measures taken by the authorities, failure of communication networks and portals of other providers, disruptions regarding network operators and other failures), other actions / inactions for which the administrators of the Website, the platform or any other applications and use cases are not responsible.
Neither PULSAR nor any Users shall be liable for failure to perform on time and / or for improper performance - in whole or in part - of any obligation incumbent on it under the present Terms and Conditions if the non-performance or improper performance of that obligation has been caused by force majeure / fortuitous event, as defined by the laws of Switzerland.
PULSAR’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the remaining provisions, unless the severed provisions are essential or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.