(EFFECTIVE AS OF October 31, 2016)
PLEASE READ CAREFULLY
Thank you for using Atlys!
- Using Atlys
a. Who can use Atlys
You may use our Products (including our channels) only if you can form a binding contract with Atlys, and only in compliance with these Terms and all applicable laws. When you create your Atlys account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
b. Our license to you
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
a. Posting content
Atlys allows you to post content, including photos, comments, and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Atlys.
b. How Atlys and other users can use your content
You grant Atlys and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute your User Content on Atlys solely for the purposes of operating, developing, providing, and using the Atlys Products. Nothing in these Terms shall restrict other legal rights Atlys may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
c. How long we keep your content
Following termination or deactivation of your account, or if you remove any User Content from Atlys, we may retain your User Content for up to seven (7) years for backup, archival, or audit purposes. Furthermore, Atlys and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Atlys.
d. Feedback you provide
We value hearing from our users, and are always interested in learning about ways we can make Atlys more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Atlys does not waive any rights to use similar or related Feedback previously known to Atlys, or developed by its employees, or obtained from sources other than you.
e. Protecting other people’s rights
We respect other people's rights, and expect you to do the same. Users are subject to these Terms and our Guidelines.
You will not post content or take any action on Atlys that infringes or violates someone else's rights or otherwise violates the law.
We can remove any content or information you post on Atlys if we believe that it violates this Statement or our policies.
We provide you with tools to help you protect your intellectual property rights.
If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal to Atlys.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
You will not post anyone's identification documents or sensitive financial information on Atlys.
f. Mobile and other devices We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Atlys.
g. Account maintenance
You have responsibility for maintaining the confidentiality and security of your account. You agree that you will not allow others to use or access your account. You agree to notify us immediately of any unauthorized use of your password and/or account. Atlys will not be responsible for any losses arising out of the unauthorized use of your Registration Data or account.
You are responsible for safeguarding the password that you use to access the Products and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Atlys cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
i. Credit card information
Atlys uses Secure Sockets Layer (SSL) encryption when collecting or transferring sensitive data such as credit card information. SSL encryption is designed to make the information unreadable by anyone but us. Credit card numbers are used only for processing payments and are not used for other purposes.
Atlys may also use technology to protect the Atlys Products from unauthorized or excessive use. Your use of the Atlys Products may be limited by such technology.
IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY OF THE Atlys PRODUCTS, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.
Copyright Policy and Intellectual Property
Atlys has adopted and implemented the Atlys Copyright Policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright Policy.
You acknowledge that Atlys retains all rights, title and interest in and to all copyrights, trademarks, trade secrets, patents and any other proprietary rights in the Atlys Products, the software and APIs (application programming interfaces) comprising the Atlys Products, and all content therein. Atlys trademarks, service marks, graphics, and logos, are the registered trademarks or trademarks of Atlys. The Atlys Products may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to Atlys trademarks or the trademarks of any third party.
The Atlys Products are owned or licensed by Atlys and are protected by the copyright laws of the United States and other countries in which the Atlys Products are made available. You cannot sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.
We care about the security of our users. While we work to protect the security of your content and account, Atlys cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
Third-Party Links, Sites, and Services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Atlys. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Atlys, you do so at your own risk and you agree that Atlys will have no liability arising from your use of or access to any third-party website, service, or content.
Atlys may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 6-12 of these Terms.
If you use our Products for commercial purposes in violation of Section 1(c), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Atlys and its officers, directors, employees, consultants, and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
Special Provisions a. Special Provisions Applicable to Social Plugins
If you include our Social Plugins, such as the Share or Like buttons on your website, the following additional terms apply to you:
We give you permission to use Atlys Social Plugins so that users can post links or content from your website on Atlys.
You give us permission to use and allow others to use such links and content on Atlys.
You will not place a Social Plugin on any page containing content that would violate this Statement if posted on Atlys.
b. Special Provisions Applicable to Developers/Operators of Applications and Websites
If you are a developer or operator of a Platform application or website, the following additional terms apply to you:
You are responsible for your application and its content and all uses you make of Platform. This includes ensuring your application or use of Platform meets our Atlys Platform Policies and our Advertising Guidelines.
Your access to and use of data you receive from Atlys, will be limited as follows:
a. You will only request data you need to operate your application.
d. You will delete all data you receive from us concerning a user if the user asks you to do so, and will provide a mechanism for users to make such a request.
e. You will not include data you receive from us concerning a user in any advertising creative.
f. You will not directly or indirectly transfer any data you receive from us to (or use such data in connection with) any ad network, ad exchange, data broker, or other advertising related toolset, even if a user consents to that transfer or use.
g. You will not sell user data. If you are acquired by or merge with a third party, you can continue to use user data within your application, but you cannot transfer user data outside of your application.
h. We can require you to delete user data if you use it in a way that we determine is inconsistent with users’ expectations.
i. We can limit your access to data.
j. You will comply with all other restrictions contained in our Atlys Platform Policies.
You will not give us information that you independently collect from a user or a user's content without that user's consent.
You will make it easy for users to remove or disconnect from your application.
You will make it easy for users to contact you. We can also share your email address with users and others claiming that you have infringed or otherwise violated their rights.
You will provide customer support for your application.
You will not show third party ads or web search boxes on Atlys or any Atlys channel.
;We give you all rights necessary to use the code, APIs, data, and tools you receive from us.
You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.
You will not misrepresent your relationship with Atlys to others.
You may use the logos we make available to developers or issue a press release or other public statement so long as you follow our Atlys Platform Policies.
We can issue a press release describing our relationship with you.
You will comply with all applicable laws. In particular you will (if applicable):
You give us all rights necessary to enable your application to work with Atlys, including the right to incorporate content and information you provide to us into streams, timelines, and user action stories.
You give us the right to link to or frame your application, and place content, including ads, around your application.
We can analyze your application, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search).
To ensure your application is safe for users, we can audit it.
We can create applications that offer similar features and services to, or otherwise compete with, your application.
1. have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act.
2. comply with the Video Privacy Protection Act (VPPA), and obtain any opt-in consent necessary from users so that user data subject to the VPPA may be shared on Atlys. You represent that any disclosure to us will not be incidental to the ordinary course of your business.
c. Special Provisions Applicable to Advertisers
You can target your desired audience by buying ads on Atlys. The following additional terms apply to you if you place an order through our online advertising portal (Order):
1. When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available. When serving your ad, we do our best to deliver the ads to the audience you specify, although we cannot guarantee in every instance that your ad will reach its intended target.
2. In instances where we believe doing so will enhance the effectiveness of your advertising campaign, we may broaden the targeting criteria you specify.
3. You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.
4. Your ads will comply with our Advertising Guidelines.
5. If you request a specific size, placement and/or position of your ad, we have ultimate approval prior to accepting your request.
6. We do not guarantee the activity that your ads will receive, such as the number of clicks your ads will get.
7. We cannot control how clicks are generated on your ads. We have systems that attempt to detect and filter certain click activity, but we are not responsible for click fraud, technological issues, or other potentially invalid click activity that may affect the cost of running ads.
8. You can cancel your Order at any time through our online portal, but it may take up to 24 hours before the ad stops running. You are responsible for paying for all ads that run.
9. Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ad, your ad may remain until the users delete it.
10. We can use your ads and related content and information for marketing or promotional purposes.
11. You will not issue any press release or make public statements about your relationship with Atlys without our prior written permission.
12. We may reject or remove any ad for any reason.
13. If you are placing ads on someone else's behalf, you must have permission to place those ads, including the following:
a. You warrant that you have the legal authority to bind the advertiser to this Statement.
b. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
d. Special Provisions Applicable to Software
1. If you download our software, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may download upgrades, updates and additional features from us in order to improve, enhance and further develop the software.
2. You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license or we give you express written permission.
The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
Atlys SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Atlys takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
Atlys makes no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Products or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Products; and (iv) whether the Products will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Atlys Entities or through the Services, will create any warranty not expressly made herein.
The Products may contain links to third-party websites or resources. You acknowledge and agree that Atlys is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Atlys of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Atlys SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL Atlys'S AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
Your access to and use of the Atlys Products or any Content are at your own risk. You understand and agree that the Products are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE Atlys ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
For any dispute you have with Atlys, you agree to first contact us and attempt to resolve the dispute with us informally. If Atlys has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Atlys agree otherwise, the arbitration will be conducted in either Ventura County or Los Angeles County. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Atlys ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Delaware for any actions not subject to Section 10 (Arbitration).
Notification Procedures and changes to these Terms. Atlys reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Atlys without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Atlys's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
U.S. Government Agencies: If you are a United States federal government agency, your use of Atlys is subject to our Business Terms of Service.
These Terms are the exclusive agreement between Atlys and you regarding the Products (excluding any Products for which you have a separate agreement with Atlys that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Atlys and you regarding the Products. Other than members of the group of companies of which Atlys Inc. is the parent, no other person or company will be third party beneficiaries to the Terms.
We may revise these Terms from time to time, the most current version will always be at https://atlys.tv/page/atlys-terms-of-service. If the revision, in our sole discretion, is material we will notify you via an update or message to the email associated with your account. By continuing to access or use the Products after those revisions become effective, you agree to be bound by the revised Terms.
These Products are operated and provided by Atlys Inc. If you have any questions about these Terms, please contact us.