|
Terms of Use
Welcome to AccomplishTheImposible.com (the "Site"), a service owned and operated by ATOM Press. The following terms and conditions (the "Terms") form a binding agreement between You and us. By using the Site, You agree to these Terms so please review the Terms carefully. If You do not agree to the Terms, You must immediately cease all usage of this website. The terms "You", "Your" or "Member" refers to the person accessing or using the Site and Services, or the company or organization on whose behalf that person accesses the Site and Services. All references to "we", "us", and "our" are intended to refer to ATOM Press.
Our Services
Through the Site and its related content and functionality, we provide easy to use content creation and distribution services for online, mobile and desktop computing environments (our "Services") that utilize our proprietary content and our proprietary platform (the "ATI Platform and Content"). To provide You with the Services, You must allow us to combine Your Content (as defined below), with some or all of the ATI Platform and Content to create interactive content ("Symbols").
Ability to Accept Terms
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, You affirm that You are over the age of 13, as the Site and Services are not intended for children under 13. If You are under 13 years of age, then do not use this Site and Services.
Your Content
1) The Symbols you make using the ATI Platform and Content as well as Site communication mechanisms may now or in the future permit the submission of images, photos, graphic designs, audio clips, videos, textual and/or other types of content submitted by You or others enabled by You ("Your Content"). You understand that whether or not Your Content is published, we do not guarantee any confidentiality with respect to any of Your Content.
2) You shall be solely responsible for Your Content and the consequences of posting or publishing Your Content. In connection with Your Content, You affirm, represent, and/or warrant that: You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any of Your Content to enable inclusion and use of Your Content in the manner contemplated by the Site and these Terms.
3) To clarify, You retain all of Your ownership rights to Your Content. However, by submitting Your Content to us, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content in connection with the Site and our (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each Member of the Site a non-exclusive license to access Your Content through the Site, and to use, reproduce, distribute, display and perform Your Content as permitted through the functionality of the Site and under these Terms. The above licenses granted by You to Your Content terminate within a commercially reasonable time after you remove or delete Your Content from the Site Services. You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of Your Content that have been removed or deleted. The above licenses granted by You to Your Content are perpetual and irrevocable.
4) You further agree that You will not, in connection with Your Content, submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and grant us all of the license rights granted herein.
5) In connection with Your Content, You further agree that You will not submit pornography, obscene or defamatory material and that at our sole discretion we may deem any of Your Content inappropriate for use on the Site.
Use of Site Content
1. All content included or available on the Site or through our Services, except Your Content or other Member Content, including without limitation images, photos, graphic designs, audio clips, videos, textual, interfaces, and the selection and arrangements thereof ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to us, with all rights reserved protected by intellectual property rights.
2. Downloading, printing or copying from this web site must be for noncommercial, personal use only.
3. Content on the Site is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever not directly covered in these Terms without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site and the Content.
4. You agree that You will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of ATOM Press.
5. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
Copyright Notice
© 2011 ATOM Press. All rights reserved. Accomplish The Impossible® is a of A Touch of Magic Inc. Unless otherwise specified, the content of this web site including, but not limited to, text, graphics, logos, buttons, images, data compilations, icons, and code, is the property of ATOM Press and/or its affiliates, and is protected by United States and international copyright laws.
Modifications to Terms
We reserve the right, at any time, to modify, alter, or update the Terms without prior notice. For any material changes to the Terms, such amendments will automatically be effective thirty days after they are initially posted to the Site. You can always view the most current version of the Terms by clicking on the "Terms of Use" hypertext link at the bottom of the Site. Your continued use of the Services after amendments are posted constitutes an acknowledgement and binding acceptance of the Terms and its modifications. Except as provided in this paragraph, the Terms may not be amended.
Disclaimer of Warranties
We provide the Site on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, we make no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. We shall have no liability for any interruptions in the use of this Website. We disclaim all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
Limitation of Liability
WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Indemnification
You agree to indemnify and hold us, our parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Your use of the Services, the violation of these Terms, or infringement by You, or other user of the Service using Your computer, of any intellectual property or any other right of any person or entity.
Modifications and Interruption to Services
We reserve the right to modify or discontinue the Services with or without notice to You. We shall not be liable to You or any third party should we exercise our right to modify or discontinue the Services. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites. Links are Not Endorsements: Links to other web sites or references to products, services or publications other than those of ATOM Press don't imply the endorsement or approval of such web sites, products, services or publications by us.
Governing Jurisdiction of the Courts
Our website is operated and provided in the State of Washington. As such, we are subject to the laws of the State of Washington, and such laws will govern these Terms, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Washington.
Compliance with Laws
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Digital Millennium Copyright Act
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA"), we designate the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail: Kristin Engstrom, 7418 - 222nd Street NW, Stanwood, WA 98292
By Fax: +1 (801) 672-9129
By Email: info @ accomplishtheimpossible dot com
Account Termination Policy
We retain the right, at our sole discretion, to terminate Your access to the Site if, under appropriate circumstances, You are determined to be in violation of these Terms.
Other Terms
If any provision of these Terms shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition. These Terms shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to Your participation. You agree that by accepting these Terms, You are consenting to the use and disclosure of Your personally identifiable information and other practices described in our Privacy Policy Statement.
Last Updated: 20110225
|
