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Terms of Use

Updated May 9, 2016

Please read these terms of service (these "Terms") carefully before accessing any of the website(s) (collectively, the “Site”) or using any of the services, features, content or applications (collectively with the Site, the “Services”) offered by Atlas (“Atlas,” “we” or “us”). By visiting the Site or using the Services, you, the end user (“you,” “your” or “User”) acknowledge that you have read and agree to be legally bound by and a party to these Terms as well as our Privacy Policy (which governs how we treat information, including personally identifiable information you provide to us), and our DMCA Copyright Policy. If you are an individual accessing the Services on behalf of your employer or another entity, you represent and warrant that you have the authority to agree to these Terms on such entity’s behalf, and all references herein to “you,” “your” or “User” shall include such entity. If you do not unconditionally agree with or accept these Terms, or any posted guidelines or rules, or you do not have the authority to bind your employer or applicable entity, you must not use the Site or the Services. Use of the Site and the Services is expressly conditioned upon your assent to all of the Terms, to the exclusion of all other terms. Certain Services may be subject to additional terms and conditions (which may include a requirement to pay applicable fees), to which you must agree in order to access and use such Services.
Atlas may, at its sole discretion, modify or revise the Terms at any time by updating this page. You are bound by any such revisions or modifications so please visit the Terms page periodically to review the Terms. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Atlas without restriction. Your access to and use of the Services is also subject to all applicable laws.

I. Registration

A. Generally. You may visit the Site without registering with us, but you must register and create a “Profile” for access to certain services. Your registration information will be handled in accordance with our Privacy Policy, which you should review prior to creating a Profile. Your eligibility to create a Profile is contingent on your representation and warranty that you: (i) are 18 years or older, (ii) will not violate any section of the Terms or any of Atlas’ rights, including its intellectual property rights, (iii) will not violate any laws, regulations or rights of others, and (iv) are legally permitted to create a Profile and to use and access the Services and take full responsibility for the selection and use of and access to the Services. These Terms are void where prohibited by law, and the right to access the Services is revoked in such jurisdictions. It is your responsibility to keep your Profile information updated, complete and accurate.
B. Password Security. When you create a Profile, you will be asked to select a password. You are responsible for maintaining the confidentiality of your password information, and are fully responsible for all activities that occur under your Profile. You agree to notify us immediately of any unauthorized use of your password or profile information.
C. Communications from Atlas. By creating a Profile, you agree to receive certain communications from Atlas and other users in connection with the Services. You might receive messages from other users and email messages from us outlining business services, specials, offers and events that we think might be of interest to you. You can opt-out of non-essential communication by sending an email to support@the-atlas.com.

II. User Obligations

By creating a Profile or otherwise using the Services, you are agreeing to be bound by certain user obligations as set forth below. We reserve the right to investigate and take appropriate action if we believe, in our sole discretion, there has been a violation of the Terms, including these user obligations. We are however, under no obligation to enforce these Terms on behalf of a user against another user.
As a condition of use, you agree NOT to violate any of these Terms or use the Services for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Services.
You shall not (and shall not permit any third party to) either (i) take any action or (ii) write, upload, download, post, submit, email, transmit or otherwise distribute or facilitate distribution of any content on or through the Services that (a) 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; (b) is unlawful, threatening, harassing, deceptive, fraudulent, invasive of another’s privacy, tortious, fake, false, libelous, abusive, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, inappropriate, inaccurate, defamatory or is otherwise inappropriate as determined by us in our sole discretion; (c) you know is false, misleading, untruthful or inaccurate; (d) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (e) is a modification, reproduction, distribution, adaption, duplication, license, publication, broadcast, transmission, appropriation, use, derivative work of, public display, sale, trade or otherwise an infringement, misappropriation or violation of any intellectual property right in the information found on the Services (excluding content posted by you) except as expressly authorized by Atlas or as permitted in the Terms; (f) contains software viruses, worms, defects or any other computer codes, files or programs that are designed or intended to disrupt, 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 ours or of any third party; (g) impersonates any person or entity, including any of our employees or representatives; (h) includes anyone’s identification documents or sensitive financial information; or (i) shares information of non-users without their express consent.
You shall not: (A) use any spider, robot, site search/retrieval application, or other automated or manual software, device, process or any other means to access, retrieve, harvest, scrape, or index any portion of the Services; (B) take any action that imposes, or may impose, as determined in Atlas’ sole discretion, an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure or technology, or otherwise make excessive traffic demands of the Services; (C) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (D) attempt to or actually override, interfere with, disable, bypass, circumvent or damage any security feature included in the Services or any other measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (E) attempt to gain unauthorized access to the Services or Profiles through hacking, password mining or any other means; (F) run any form of auto-responder or “spam” on the Services; or (G) otherwise take any action in violation of our guidelines and policies.
You shall not (directly or indirectly) (1) reverse engineer, decipher, disassemble, decompile or otherwise attempt to derive any source code or any underlying intellectual property, ideas or algorithms used to provide the Services, or any part thereof (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction; (2) modify, translate, or otherwise create derivative works of any part of the Services; (3) utilize any information, content or data you view on and/or obtain from Atlas to provide any service that is competitive with Atlas, as determined in Atlas’ sole discretion; (4) cause any breach, default or violation of any employment, non-competition, non-solicitation, nondisclosure, confidentiality, consulting or any other contract to which you are a party or by which you may be bound; (5) undertake any acts injurious to our business or goodwill; (6) copy, rent, lease, distribute or otherwise transfer any of the rights you receive hereunder; or (7) use, or permit the use of, the Services by or for the benefit of any third party. You shall abide by all applicable local, state, national and international laws and regulations.
We reserve the right to access, read, preserve and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

III. Content License

A. Your Content. Certain information you provide in connection with the creation of your Profile shall be posted on the Services and may be publicly available to anyone who accesses the Services, whether or not they have a Profile. You can control portions of the information you provide and that is publicly available on the Services by making edits to the information using My Account. By creating a Profile you are acknowledging that you give your permission for the information displayed publicly on your profile to be posted publicly on the Services. You are solely responsible for the content you publish on the Services. Once it has been posted, it cannot necessarily be withdrawn. You assume all risks associated with your content, including exposing yourself to liability by posting content that contains false, misleading or defamatory statements, violates third party proprietary rights such as copyright, trademark, trade secret or any other intellectual property right or that otherwise contains unlawful material.
Any communications or materials you submit, transmit, post or include on the Services or by email or otherwise are and will be treated as non-confidential and non-proprietary and may be used by us or our affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. By submitting information to Atlas, you grant us a nonexclusive, irrevocable, unlimited, worldwide, perpetual, assignable, sublicensable, fully paid and royalty-free right to us to copy, improve, prepare derivative works of, publish, distribute, retain, remove, add, analyze, process, use and commercialize, in any way, any information you provide, directly or indirectly, including without limitation any user generated content, reviews, ideas, techniques, images, concepts or data, without any further consent, notice and/or compensation to you or to any third parties. By submitting any such information to Atlas, you represent and warrant that you are permitted to submit such information, and that the information is accurate, not confidential, and not submitted in violation of any contractual restrictions or rights of any third party.
Any communications or materials you submit, transmit, post or include on the Services or by email or otherwise are and will be treated as non-confidential and non-proprietary and may be used by us or our affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. By submitting information to Atlas, you grant us a nonexclusive, irrevocable, unlimited, worldwide, perpetual, assignable, sublicensable, fully paid and royalty-free right to us to copy, improve, prepare derivative works of, publish, distribute, retain, remove, add, analyze, process, use and commercialize, in any way, any information you provide, directly or indirectly, including without limitation any user generated content, reviews, ideas, techniques, images, concepts or data, without any further consent, notice and/or compensation to you or to any third parties. By submitting any such information to Atlas, you represent and warrant that you are permitted to submit such information, and that the information is accurate, not confidential, and not submitted in violation of any contractual restrictions or rights of any third party.
B. Our Content. Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) content solely for the purposes of using the Services. Use, reproduction, modification, distribution or storage of any content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any content for commercial use or in any way that violates any third party right.
C. Content Guidelines. With respect to any submission or posting that you generate, we reserve the right to display it on the Services, without limitation, and it may be public and posted on public areas of the Services. Although we may from time to time monitor or review postings on the Services, we are under no obligation to do so and assume no responsibility or liability arising from the contents of any such communication, nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any such communication.
You are prohibited from posting or transmitting any infringing, unlawful, fake, false, abusive, inappropriate, inaccurate, threatening, defamatory, libelous, obscene, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting such materials and we may in our sole discretion remove any materials if it falls or might fall within the foregoing categories, or is otherwise inappropriate. We may terminate any profile for uploading such material in violation of these Terms at any time, without prior notice and in our sole discretion.
D. Third Party Links. The Services contain links to other websites and resources on the Internet controlled by third parties. Such links are provided as a convenience to our users and should not be interpreted as an endorsement of the owner or sponsor of the site or the content of the site. Atlas is not responsible for the content of any site linked to from the Services. Your linking to any other site is entirely at your own risk. You should read and review any applicable privacy policies or terms and conditions of any such third party site.
E. Intellectual Property Rights and Ownership. The contents of the Services, such as text, graphics, images, audio, video and other material (“Material”) are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws and are owned or controlled by Atlas or by third parties who have licensed their Material to Atlas. Unauthorized use of the Material may violate copyright, trademark, and other laws. Except as expressly authorized by Atlas or the applicable copyright owner, you may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Material, in whole or in part or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. In the event of any permitted copying, redistribution or publication of the Material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading the Material. The trademarks, logos and service marks (the "Marks") displayed on the Services are owned by Atlas or third parties. You are prohibited from using such Marks without the express, written permission of Atlas or the relevant third party owner. If you would like information about obtaining Atlas' permission to use the Material or Marks on your website, please email admin@the-atlas.com. Decisions to grant or deny permissions are within the sole discretion of Atlas. Atlas and all related logos and marks, whether or not registered, are trademarks belonging to Atlas. All rights reserved.

IV. Guidelines and Policies.

You should read our Privacy Policy carefully before creating a Profile with Atlas. It governs how we treat information, including personally identifiable information that you provide to us.

V. Indemnity

You agree to defend, indemnify and hold harmless Atlas, and its members, agents, and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorneys’ fees) arising from (1) your use of and access to the Atlas Services; (2) your violation of any term or condition of these Terms; (3) your violation of any third party right, including without limitation any patent, trademark, copyright, property, other intellectual property or privacy right in relation to the Services; (4) any claim that one of your ideas or posts submitted to the Services caused damage to a third party; (5) any action you take on or through the Services; (6) any improper or illegal use of your account password; and (7) any and all claims brought by third parties (including without limitation for any damage, loss or destruction of any tangible personal or real property) to the extent caused by your acts or omissions. Atlas reserves the right to assume the sole control of the defense and settlement of any claim, demand, action or suit covered by the above indemnification obligation, and you shall reasonably cooperate with Atlas with respect thereto. This indemnification provision will survive these Terms and Conditions and your use of the Atlas Services.

VI. Warranties and Disclaimers

We have no special relationship or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding (i) which users gain access to the Services; (ii) what content you access via the Services; or (iii) how you may interpret or use the content.
You release us from all liability for you having acquired or not acquired content through the Services. We make no representations concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or content contained in or accessed through the Services.
The site and services are provided to you on an “as is” and “as available” basis. Your use of the services is at your own discretion and risk. atlas makes no warranties or representations, either express or implied, as to the accuracy, validity, timeliness or completeness of any material or information contained on the services or their suitability for a particular purpose. We do not provide any express warranties or representations and to the fullest extent allowable by law, we disclaim any and all implied warranties, including, without limitation, implied warranties of title, merchantability, and fitness for a particular purpose and non-infringement. we specifically disclaim any liability or responsibility for any error or omissions in the content of the services. We disclaim any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed
We, and our directors, employees, agents, suppliers, and partners do not warrant that: (1) The services will be secure or available at any particular time or location; (2) Any defects or errors will be corrected, (III) any content or software available at or through the services is free from viruses or other harmful components; or (IV) The results of using the services will meet your requirements. your use of the services is solely at your own risk.
Atlas makes no claims or promises about the quality or accuracy or reliability of the profiles or other information on the services and atlas is not liable to you for any loss or damage that might arise from reliance on the quality, accuracy or reliability of the profiles or such other information. To the extent you use the services in connection with any service provider relationship with a third party, atlas shall not have any liability arising from or relating to such relationship, or the associated third party or services.
Atlas makes no claims or promises regarding the conduct of third parties. As such, we are not liable for any loss or damage that might arise as a result of any third party action, including, but not limited to, negative experiences with one of the businesses listed on the services or misuse of your content or identity.
Atlas does not have any obligation to verify the identity of the users subscribing to our services, nor does it have any obligation to monitor the use of its services by users. Atlas disclaims all liability for identity theft or any other misuse of your identity or information.

VII. limitation of liability

In no event shall atlas, or its directors, officers, employees, agents, partners, or suppliers, be liable with respect to the site or the services or the subject matter of these terms under any contract, negligence, tort, strict liability, gross negligence, willful misconduct or other legal or equitable theory for any indirect, incidental, punitive, special, compensatory or consequential damages of any kind whatsoever, including without limitation lost profits, lost data, business interruption, destruction of property, death or bodily injury, cost of procurement of substitute goods or services, loss of business reputation or goodwill, even if atlas has been advised of the possibility of such damages. under no circumstances shall atlas’ total cumulative liability to you for any and all claims relating to or arising out of your use of the services or the site, regardless of the form of the action, exceed the greater of the fees paid by you to atlas or $10.

VIII. Termination

Atlas and the User each enjoy mutual rights of termination. You may terminate your account for any or no reason, at any time with notice to Atlas. To terminate your account, please email support@the-atlas.com. The termination will be effective upon Atlas processing your request. Similarly, Atlas may terminate your account, for any or no reason, at any time, with or without notice. Please review our Privacy Policy for details on what personal information is retained following termination of your account.
Atlas may also restrict, suspend or terminate the account of any user who violates these Terms or abuses or misuses the Services including, but not limited to, the following: (1) creating multiple or false Profiles, (2) using the Services commercially without Atlas’ authorization, (3) violating any intellectual property rights, or (4) any other behavior or activity that Atlas, in its sole discretion, deems contrary to the purpose and mission of the Services.

IX. Miscellaneous

The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. We shall not be liable for any failure to perform any obligations hereunder where such failure results from any cause beyond our reasonable control. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign or delegate these Terms and any rights and obligations without consent.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws provisions. Each party to any suit, action or proceeding arising out of or relating to these Terms irrevocably (i) submits to the jurisdiction of the State Courts of the State of California and the United States District Court for the district of Southern District of California over any suit, action or proceeding arising out of or relating to these Terms, (ii) waives to the fullest extent enforceable under applicable law any objection which it may now or hereafter have to the above venue of any such suit, action or proceeding and any claim that any such suit, action or proceeding brought in such Court has been brought in an inconvenient forum, (iii) waives to the fullest extent enforceable under applicable law any objection which it may now or hereafter have to the above mentioned Court having jurisdiction of the parties hereto and to the subject matter of these Terms, and (iv) acknowledges that a final judgment in any such suit, action or proceeding brought in such Court, after all appropriate appeals, shall be conclusive and binding upon it. In any suit or arbitration regarding these Terms, the prevailing party shall be entitled to reasonable attorneys’ fees and costs.
We reserve the right, in our sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Services (including without limitation the availability of any feature, database, or content) at any time by posting a notice on the Services or by sending you a notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms periodically for updates. Your continued use of the Services following any changes to these Terms constitutes acceptance of those changes.
Both parties agree that these Terms are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter hereof, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind us in any respect whatsoever.

ATLAS DMCA COPYRIGHT POLICY

Atlas Inc. (“Company”) has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
Procedure for Reporting Copyright Infringement:
If you believe that material or content residing on or accessible through Company’s websites or services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  • Identification of works or materials being infringed;
  • Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
  • Contact information about the notifier including address, telephone number and, if available, e-mail address;
  • A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
  • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Please be advised that it is Company policy to terminate the accounts of users who repeatedly engage in copyright infringement.