“You” and “your” refer to you, as a user of the Service. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Service. “We”, “us”, and “our” refer to the Company.
- USING THE SERVICE
To access or use the Service, you must be 13 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Service if you are a competitor of ours or if we have previously banned you from the Service or closed your account.
Permission to Use the Service
We grant you permission to use the Service subject to the restrictions in these Terms.
The Service may be modified, updated, interrupted, suspended or discontinued at any time, for any or no reason, without notice or liability.
Communications from the Company and other Users
By creating an account, you agree to receive certain communications in connection with the Service. You can opt-out of non-essential communications from the Company at http://atra.wpengine.com.
Communications from the Company and other Users
By creating an account, you agree to receive certain communications in connection with the Service.
You alone are responsible for Your Content, and once published, it cannot generally be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by the Company. “Content” means text, images, photos, audio, video, location data, route information, and all other forms of data or communication located anywhere on the Service. “Your Content” means Content that you submit or transmit to, through, or in connection with the Service.
Our Right to Use Your Content
We may use Your Content in a number of different ways, including copying it, publicly performing or displaying it, reformatting it, modifying it, translating it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the Service and Other Media the right to access Your Content in connection with their use of the Service. Finally, you irrevocably waive, and cause to be waived, against the Company and its users, any claims and assertions of moral rights or attribution with respect to Your Content.
As between you and the Company, you own Your Content (subject to our right to use it as described above). We own the remaining Content, including but not limited to text, photos, video, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user reviews or ratings, and all other elements and components of the Service, excluding content submitted by other users, advertisers and third parties (collectively, “User Content”).
The Company and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without notice to you.
User Content does not necessarily reflect the opinion of the Company. We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion and without notice to you.
You agree not to, and will not assist, encourage, or enable others to use the Service to:
- Submit content that is fake, defamatory, obscene, pornographic, or invades someone’s privacy, that is intended to inflict emotional distress, or that is otherwise unlawful or objectionable; trade reviews with other businesses; or compensate someone or be compensated to write or remove a review;
- Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, trade name, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except as expressly permitted by the Company;
- Solicit personal information from minors;
- Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
- Interfere with or damage the operation of the Service or introduce to the Service or its users any type of harmful code or computer virus;
- Reproduce, distribute or make derivative works of the Service or any of its contents without the express written consent of the Company;
- Transmit “spam,” “chain letters,” “junk mail,” or “pyramid schemes”;
- Violate an order of a court or government agency; or
- Violate any applicable laws.
- INTELLECTUAL PROPERTY
Copyright And Trademark
We own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the Company Content and the Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Company Content in whole or in part except as expressly authorized by us.
Suggestions and Improvements
The Company welcomes your comments and feedback regarding our service. By sending us any ideas, suggestions, designs, data, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, but we reserve the right to treat the Feedback as the Company’s confidential information, (iii) we may have something similar to the Feedback already under consideration or in development, (iv) you assign to the Company, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback; and (v) the Company will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques therein, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such feedback without restriction and without providing any notice, attribution, or compensation to you.
- LINKS TO THIRD PARTIES
- LINKS TO THE COMPANY WEBSITES
Unless otherwise prohibited under these Terms, you are hereby licensed to create hyperlinks to the content on the Company’s websites, provided that the hyperlinks accurately describe the content as it appears on the websites. The Company reserves the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you “frame” the websites or any of their content or copy portions of the websites to a server, except as part of an Internet service provider’s incidental caching of pages. Any such link must result in the display of the applicable page of the website in its entirety (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the website.
- RSS SERVICE
RSS (really simple syndication) service is a means by which the Company may provide feeds of text and/or photographs in XML format (“RSS Content”) to the Service’s visitors who use RSS aggregators. Should you elect to receive the Company’s RSS service, you understand that, in addition to the other Terms set forth above and below, the following conditions also apply and you agree to be bound by them.
The Company’s RSS service may be provided to you for free for non-commercial use only and any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the RSS Content, is forbidden. In addition, you must use any RSS feeds as provided by the Company and you may not edit, modify or otherwise alter the text, content or links supplied to you. You may not resell, lease, license, assign, redistribute or otherwise transfer any part of the RSS Content.
The Company’s RSS service may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full Content on the Service. You may not display the RSS Content in any manner that does not permit successful linking to, redirection to or delivery of the applicable Company Service page. In addition, you may not insert any intermediate page, splash page or other content between the RSS link and the applicable Company Service page.
The Company retains all copyright ownership and other legal rights in the RSS Content, as well as all ownership and other rights in any logos, trade or service marks used in connection with the Company’s RSS service. You must provide attribution to the Company in connection with your use of the RSS feeds.
In its sole and unfettered discretion, the Company reserves the right to discontinue or refuse to provide RSS feeds to you at any time and to require you to cease displaying, distributing or otherwise using any or all of its RSS feeds for any reason including, without limitation, your violation or alleged violation of any provision of these Terms, or for any other reason which the Company believes appropriate.
The Company assumes no liability whatsoever for, or in connection with, your use, access, display or receipt of its RSS feeds. The RSS Content, as with the rest of the content of the Service, may contain errors, omissions, inaccuracies, outdated information, inadequacies or other harmful content. You agree to be bound by the disclaimer of warranties and limitation of liability set forth below with respect to your use of the Company’s RSS service, as with your use of the rest of the Service.
- AGENT TO RECEIVE NOTIFICATION OF INFRINGEMENT
The Company does not knowingly publish (or permit individuals to publish) copyrighted materials without permission. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in the form of a written statement signed physically or electronically (see Digital Millennium Copyright Act, 17 U.S.C. section 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and under penalty of perjury, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Your statement must be sent to the Company by US mail, fax, or email, to Ashley Kissinger, Levine Sullivan Koch & Schulz, LLP, email: [email protected], fax: (303) 376-2401. You acknowledge that if you fail to comply with all of the requirements of this Paragraph 8, your DMCA notice may not be valid.
You agree to indemnify, defend, and hold the Company, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, volunteers, agents, and representatives of each of them (collectively, “the Company Entities”) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Service, (ii) the violation by you, or any third party using your account, of the Terms, (iii) any products or services purchased or obtained by you in connection with the Service, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- NO WARRANTIES
Content on Service: You could be seriously injured or die when engaging in the activities discussed on the Service. The Company recommends you receive professional instruction. Content provided by the Company or other users may be inaccurate or outdated, and the Company makes no claims to the accuracy of any Content.
Real-World Meetings: The Company understands that it is possible for individuals to use the Service to exchange information and to meet each other in the real world. You are advised that the Company cannot vouch for the safety of offline meetings of individuals you meet through the Service, and such meetings are held at your sole risk. Furthermore, you are advised to be careful not to accidentally divulge personally identifying information about yourself, including but not limited to your full name, telephone number(s), street addresses, URLs or email addresses. If you do provide this information to another person you met through the Service, it is at your risk and the Company will have no liability for anything that results from such meetings.
Online Commerce: The Service may direct you to third parties who sell many different types of products and services. The Company is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from such a merchant, information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, is collected by the merchant. For more information regarding a merchant, its online store, and its privacy policies, return to that merchant’s home page and click on its information links or contact the merchant directly. You agree that Company has no responsibility or liability for any other merchant’s independent practices, and you waive all claims against Company for any harm or damage arising from your use of such merchant’s sites, services, or goods, including when such sites, services or goods are accessed or purchased through the Company’s Service.
THE SERVICE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. THE COMPANY MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SERVICE, ITS SAFETY OR SECURITY, OR THE SERVICE CONTENT. ACCORDINGLY, THE COMPANY IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE INFORMATION, BUSINESS LISTINGS, ADVERTISERS, OR PRODUCTS SOLD ON OUR SERVICE.
THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF THE COMPANY SHALL CREATE A REPRESENTATION OR WARRANTY.
THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE FUNCTIONS CONTAINED IN THE CONTENTS OF THE SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE OF VIRUSES, WORMS, OR OTHER ELEMENTS HARMFUL TO YOUR COMPUTER SYSTEM.
- LIABILITY EXCLUSIONS
You agree that the Company shall not be liable to you or to any other person for any actual, special, consequential, or any other damage that results from your use of, or your inability to use, the Service or its contents, including without limitation any (a) errors, mistakes or inaccuracies of content; (b) personal injury or property damage of any nature whatsoever, resulting from your access to and use of the Service; (c) unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (d) interruption or cessation of transmission to or from the Service; (e) bugs, viruses, Trojan horses or the like, which may be transmitted to or through the Service by any third party, and/or (f) errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available via the Service, whether based on warranty, contract, tort or any other legal theory, and whether or not the Company is advised of the possibility of such damages. You agree that your sole and exclusive right and remedy case of dissatisfaction with the service, related services, or any other grievance shall be your termination and discontinuation of access to, or use of the Service.
If you have an account with the Service to post or submit anything, you agree to be fully liable for any and all claims, damages, demands, injuries, or losses arising from any posting, transmission, or submission resulting from someone else using your account, regardless of whether you permitted that use.
In the event this liability disclaimer is deemed unenforceable by a court of law, you agree that the Company’ maximum aggregate liability to you for losses or damages that you suffer in connection with the service or these terms is limited to the greater of (i) the amount paid, if any, by you to the Company in connection with the service in the 12 months prior to the action giving rise to liability, or (ii) $100.
- CHOICE OF LAW AND VENUE
Colorado law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and the Company (a “Claim”), without regard to conflict of law provisions. For any claim brought by either party, you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state courts located in Boulder, Colorado and the federal courts located in Denver, Colorado.
We may suspend your ability to use certain portions of the Service, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any the Company. Any such action could prevent you from accessing your account, the Service, Your Content, User Content, or any other related information. The prospective obligations of these Terms will survive termination of your access to the service or these Terms.
- GENERAL TERMS
We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Service.
Any failure on the Company’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any rights hereunder.
If any portion of these Terms is deemed invalid, void, or for any reason unenforceable, that portion shall be deemed severable and shall not affect the validity and enforceability of the remainder of these Terms.
These Terms and Conditions were Last Updated on April 20, 2015.