Date of Last Revision: December 1st, 2014
- Purpose and the Platform
- Acceptance and Modification of Terms
- Accounts and Passwords
Atomic Reach shall make the Services available to you through the Internet and the Services will be maintained on computer servers and equipment not necessarily in the possession or control of Atomic Reach. The Services will be made accessible to you through the Internet through a secure password protected site(s) hosted by Atomic Reach or a third party. You acknowledge that Atomic Reach may use third party service providers and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
To access and use the Services, you will need to create an account (“Account”). If you are accessing the Services on behalf of an organization and multiple authors wish to contribute User Content, each author must also create their own account (an “Author Account”). Each Author Account will incur additional fees.
You may not share your Account with others. If you are accessing the Services through an Author Account, only you may use such Author Account. The sharing of Author Accounts is strictly prohibited and failure to comply may result in immediate termination of your organization’s Account and/or your Author Account.
You agree that you will: (a) maintain and update such Registration Data as necessary in order to keep such information current, complete, and accurate; (b) maintain the confidentiality of any passwords or other Account or Author Account identifiers which you choose or that are assigned to you as a result of any registration or creation of an Account or Author Account with the Services: and (c) be responsible for all activities that occur under such password, Account or Author Account. Further, you agree to immediately notify Atomic Reach of any unauthorized use of your password, Account or Author Account in the event that the confidentiality of your password, Account or Author Account is compromised. You shall aid Atomic Reach and its third party service providers in any investigation or legal action taken by Atomic Reach, such third parties or any governmental authority in connection with any security breach. Failure to comply with this paragraph may result in immediate termination of your Account or Author Account. Except if you reside in Québec, Atomic Reach shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
You retain your ownership in and to any content (including Registration Data, Personal Information and all other information, text or other materials or information submitted by you, or required from you by Atomic Reach, for the purpose of providing the Services) (“User Content”) you submit, post or upload to the Services, and your use of the Services does not transfer any ownership from you to Atomic Reach. By making User Content available through the Services, you hereby grant Atomic Reach and its licensors and third party service providers, without any additional consideration, a worldwide, irrevocable, perpetual, transferable, non-exclusive, royalty-free, fully paid up license (with a right to sublicense) to use, copy, reproduce, process, adapt, modify, analyze, reformat, transmit, display, translate, excerpt and distribute User Content, or any part thereof, in personalized form, provided through your Account or Author Account, as applicable, for the purpose of providing you with the Services, and to use, copy, disclose, and publish your User Content in aggregated, anonymous form (the “User Content License”).
You hereby waive, in favour of Atomic Reach, your moral rights under Canada’s Copyright Act or any successor legislation or similar law under the laws of Canada or the laws of other countries, that you, as author, have or may have in your User Content.
You understand that the User Content uploaded, posted, or submitted to the Services from your Account or Author Account, as applicable, may be processed and transferred, unencrypted, and may involve: (i) transmissions over various networks both within and outside of Canada; and (ii) changes to such User Content to conform and adapt to technical requirements of connecting networks or devices.
Atomic Reach has the right (but not the obligation) in its sole discretion to remove any User Content and terminate Accounts and Author Accounts for any reason whatsoever, including Accounts and Author Accounts containing User Content that Atomic Reach determines, in its sole discretion, to be unlawful, offensive, harmful, inaccurate, inappropriate, deceptive, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or violates any third party’s intellectual property rights.
You may choose to submit comments, corrections, recommendations, suggestions or other ideas to Atomic Reach about the Services, including about how to improve the Services (“Feedback”). By providing Feedback to Atomic Reach you agree that: your provision of such Feedback is free of charge, unsolicited and without restriction; Atomic Reach can use or disclose to any third party the Feedback without any additional compensation to you; and Atomic Reach owns all rights and interest in such Feedback. Atomic Reach does not waive any rights to use any Feedback or similar Feedback developed or obtained by Atomic Reach.
Third Party Content
Suspension and Termination of Access
If you choose to cancel your Account or Author Account, as applicable, you are solely responsible for doing so in accordance with Atomic Reach’s then current cancellation procedure (the “Cancellation Procedure”) set out on Atomic Reach’s website user at [https://app.hatchbuck.com/OnlineForm/43162545237]. If you complete the Cancellation Procedure, Atomic Reach will cancel your Account or Author Account, as applicable, after thirty days (the Cancellation Period) and remove Personal Information associated with the User Content you have provided prior to cancellation, but will continue to use such User Content in its anonymous, aggregated form for the purposes of providing the Services. During the Cancellation Period, you may reactivate your Account or Author Account, as applicable, and your User Content and user settings will be restored to their last configuration prior to cancellation. After expiry of the Cancellation Period, you cannot recover User Content previously uploaded, posted or submitted to the Services from your Account or Author Account, as applicable. Atomic Reach is not responsible for the loss of any User Content due to your cancellation of your Account or Author Account, as applicable.
Your use of the Services is subject to the acceptable use policy of Atomic Reach’s third party hosting provider available online at http://aws.amazon.com/aup/, and you are bound by such policy.
You must not use the Services: (i) to engage in any illegal or unauthorized purpose, including in any way that violates other laws applicable in Canada or other laws applicable to you, or in any manner that is inconsistent, or could be inconsistent, with applicable local, provincial/state, and national laws and regulations; (ii) in any way that violates or infringes the copyrights, rights of privacy or publicity, or any other rights of any person; (iii) to impersonate or misrepresent your affiliation with any person or entity; (iv) to engage in verbal, physical, written or other abuse (including threats of abuse or retribution) of any Atomic Reach customer, employee, member, or officer or any user of the Services; or (v) to upload, post or submit User Content, or otherwise make available to others using the Services: (A) any material that, in Atomic Reach’s discretion, is libelous, defamatory, pornographic, obscene, offensive, harassing, abusive or otherwise actionable or objectionable material in Atomic Reach’s sole opinion; (B) any unsolicited message or unauthorized advertising or promotional material or any junk mail, spam or chain letters, mail bombs, or messages through e-mail, or any short message service or multimedia service; (C) any worms, viruses, malware, Trojan horses, scripts, spiders, botnets or similar means to harvest or collect information, or any computer code or files of a destructive, disabling or interfering nature, or any User Content that contains any of the foregoing; or (D) any material that is detrimental to the operation of the Services or that could damage, disable or overburden the Services, or that is detrimental to the access or use of the Services by anyone else, which restriction applies to any use that interferes or attempts to interfere with the normal operations of the Services, including by hacking, deleting, augmenting or altering the Services or any Atomic Reach Content or User Content.
- Personal Information
- Subscription Fees and Charges
Your use of the Services may be subject to subscription charges based on a tiered user model, with varying levels of functionality offered to individual and business customers at different rates. Each additional Author Account will also be subject to additional fees.
For pricing, please visit http://www.atomicreach.com/pricing/.
- Website and Services Provided “AS IS”
YOU UNDERSTAND AND AGREE THAT THE WEBSITE, THE SERVICES, ANY ATOMIC REACH CONTENT AND OTHER INFORMATION, DATA AND MATERIALS AVAILABLE ON THE WEBSITE OR PROVIDED AS PART OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED FOR HEREIN AND PERMITTED UNDER APPLICABLE LAW, ATOMIC REACH EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW, FROM A COURSE OF DEALING OR USAGE OF TRADE, AND INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS, ANY CONDITION OR WARRANTY OF MERCHANTABILITY, TITLE OR NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND ANY CONDITION OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
ANY ACTIONS TAKEN, OR FAILURES TO ACT, IN RELIANCE ON ANY ATOMIC REACH CONTENT (OR OTHERWISE ON THE SERVICES) BY YOU OR ANY OTHER PERSON IS YOUR SOLE RESPONSIBILITY AND LIABILITY. ATOMIC REACH SPECIFICALLY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE OR ANY OF THE SERVICES (INCLUDING THE PROVISION OF ANY ATOMIC REACH CONTENT) WILL BE ACCURATE, RELIABLE, COMPATIBLE WITH YOUR COMPUTER, OR COMPLETE OR WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT ANY ERRORS CAN OR WILL BE CORRECTED OR THAT ANY SERVICES, ATOMIC REACH CONTENT, DATA OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT THE WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ELEMENTS.
YOU ACKNOWLEDGE THAT ATOMIC REACH DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THE WEBSITE. EXCEPT AS OTHERWISE AGREED IN WRITING, ATOMIC REACH AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE WEBSITE.
IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE SERVICES OR WITH ANY OF THE TERMS, CONDITIONS, GUIDELINES, PRACTICES OR POLICIES OF ATOMIC REACH IN OPERATING THE WEBSITE AND IN PROVIDING THE SERVICES YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USING THE WEBSITE AND SERVICES.
- Limitation of Liability
CONSUMER PROTECTION LAWS IN QUÉBEC PROHIBIT ANY STIPULATION THAT WOULD RELIEVE A MERCHANT FROM THE CONSEQUENCES OF HIS OR HER OWN ACTION. IF YOU ARE A QUÉBEC CONSUMER, THIS SECTION 16 DOES NOT APPLY TO THE EXTENT THAT IT WOULD RELIEVE ATOMIC REACH OR ITS REPRESENTATIVE(S) OF LIABILITY FOR ANY ACTION OF ATOMIC REACH.
UNDER NO CIRCUMSTANCES SHALL ATOMIC REACH, BE LIABLE TO YOU, OR TO ANY OTHER PARTY, FOR ANY LOSSES, COSTS OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF (OR THE INABILITY TO USE) THE WEBSITE, SERVICES, OR ANY ATOMIC REACH CONTENT OR THIRD PARTY CONTENT (REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, EQUITY, STRICT LIABILITY, BY STATUTE OR OTHERWISE AND REGARDLESS OF THE OCCURRENCE OF A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE) THAT EXCEEDS, IN THE AGGREGATE, THE AMOUNTS THAT YOU HAVE PAID ATOMIC REACH IN RESPECT OF THE SERVICES IN THE 30 DAY PERIOD THAT IMMEDIATELY PRECEEDED THE DATE OF YOUR CLAIM.
IN NO EVENT WHATSOEVER SHALL ANY OF ATOMIC REACH, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND THIRD PARTY CONTRACTORS, SUPPLIERS AND LICENSORS (COLLECTIVELY THE “COMPANY PARTIES”) BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF WEBSITE OR THE PROVISION OF THE SERVICES (INCLUDING IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM THE WEBSITE OR THE USE OF, OR RELIANCE ON, ANY ATOMIC REACH CONTENT OR OTHER INFORMATION OR DATA CONTAINED ON OR PROVIDED THROUGH THE WEBSITE OR SERVICES, OR LOSS OF OR DAMAGE TO FILES OR DATA OR ANY COSTS OF RECOVERING OR REPRODUCING ANY FILES OR DATA OR LOSS OF USE OR LACK OF AVAILABILITY OF SERVICES OR ANY BUSINESS INTERRUPTION OR LOSS OF REVENUE OR PROFIT OR ANY OTHER ECONOMIC LOSS WHATSOEVER) HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION AND WHETHER OR NOT FORESEEABLE, EVEN IF THE COMPANY PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.
THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE AND USE OF THE WEBSITE, SERVICES AND ANY PROVIDED SUPPORT IS ASSUMED BY YOU. YOU ACKNOWLEDGE SERVICES ARE PROVIDED OVER THE INTERNET AND THAT THE INTERNET IS NOT A SECURE MEDIUM AND PRIVACY AND CONFIDENTIALITY CANNOT BE GUARANTEED.
Atomic Reach shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Atomic Reach’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
All product, brand and company names and logos and trade-marks displayed on the Website or used in connection with the Services are the trade-marks of Atomic Reach (or its suppliers, partner businesses or third party licensors). Any use of any of the marks appearing on the Website or in connection with the Services without the express written consent of Atomic Reach or the owner of the mark, as appropriate, is strictly prohibited.
CONSUMER PROTECTION LAWS IN QUÉBEC PROHIBIT ANY STIPULATION OF A LAW OTHER THAN THE LAWS OF QUÉBEC AND THE FEDERAL LAWS OF CANADA. IF YOU ARE A QUÉBEC CONSUMER, THE FOLLOWING PARAGRAPH DOES NOT APPLY.
- Entire Agreement
- Electronic Documents
- Conformance with Law
- Contact / Notices
Terms of Service last updated: December 1st, 2014