1. ACCEPTANCE OF TERMS
Atlantis Software Inc. ("Atlantis") welcomes you. Atlantis! provides its service
to you subject to the following Terms of Service ("TOS"), which may be updated
by us from time to time without notice to you. You can review the most current
version of the TOS at any time at http://docs.asoft.net/info/terms/. In
addition, when using particular Atlantis! owned or operated services, you and
Atlantis! shall be subject to any posted guidelines or rules applicable to such
services, which may be posted from time to time. All such guidelines or rules
(including but not limited to our Spam Policy) are hereby incorporated by
reference into the TOS.
2. DESCRIPTION OF SERVICE
Atlantis! provides users with access to a rich collection of resources,database,
search services, personalized content and branded programming through its
network of properties which may be accessed through any various medium or
device now known or hereafter developed (the "Service"). You also understand
and agree that the Service may include advertisements and that these
advertisements are necessary for Atlantis! to provide the Service. You also
understand and agree that the Service may include certain communications from
Atlantis!, such as service announcements, administrative messages and the
Atlantis! Newsletter, and that these communications are considered part of
Atlantis! membership and you will not be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features that augment or enhance
the current Service, including the release of new Atlantis! properties, shall
be subject to the TOS. You understand and agree that the Service is provided
"AS-IS" and that Atlantis! assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or
personalization settings. You are responsible for obtaining access to the
Service, and that access may involve third-party fees (such as Internet service
provider or airtime charges). You are responsible for those fees, including
those fees associated with the display or delivery of advertisements. In
addition, you must provide and are responsible for all equipment necessary to
access the Service.
Please be aware that Atlantis! has created certain areas on the Service that
contain adult or mature content. You must be at least 18 years of age to access
and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving
services under the laws of the United States or other applicable jurisdiction.
You also agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form (the
"Registration Data") and (b) maintain and promptly update the Registration Data
to keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or Atlantis! has
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, Atlantis! has the right to suspend or terminate your
account and refuse any and all current or future use of the Service (or any
portion thereof).
4. ATLANTIS! PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy. For more information, see our full privacy policy at
http://privacy.asoft.net/, or if you came from Atlantisans!, then see our
Atlantisans! privacy policy at http://www.asoft.net/docs/privacy/. You
understand that through your use of the Service you consent to the collection
and use (as set forth in the Privacy Policy) of this information, including the
transfer of this information to the United States and/or other countries for
storage, processing and use by Atlantis! and its affiliates.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify Atlantis! of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. Atlantis! cannot and will not be liable for
any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the
person from whom such Content originated. This means that you, and not
Atlantis!, are entirely responsible for all Content that you upload, post,
email, transmit or otherwise make available via the Service. Atlantis! does not
control the Content posted via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand that by using
the Service, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will Atlantis! be liable in any way for
any Content, including, but not limited to, any errors or omissions in any
Content, or any loss or damage of any kind incurred as a result of the use of
any Content posted, emailed, transmitted or otherwise made available via the
Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Atlantis!
official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that
you do not have a right to make available under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation, except in those
areas (such as shopping) that are designated for such purpose (please read our
complete Spam Policy);
h. upload, post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of any
national or other securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law;
l. provide material support or resources (or to conceal or disguise the nature,
location, source, or ownership of material support or resources) to any
organization(s) designated by the United States government as a foreign
terrorist organization pursuant to section 219 of the Immigration and
Nationality Act;
m. "stalk" or otherwise harass another; and/or
n. collect or store personal data about other users in connection with the
prohibited conduct and activities set forth in paragraphs a through m, above.
You acknowledge that Atlantis! may or may not pre-screen Content, but that
Atlantis! and its designees shall have the right (but not the obligation) in
their sole discretion to pre-screen, refuse, or move any Content that is
available via the Service. Without limiting the foregoing, Atlantis! and its
designees shall have the right to remove any Content that violates the TOS or
is otherwise objectionable. You agree that you must evaluate, and bear all
risks associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by Atlantis! or
submitted to Atlantis!, including without limitation information in Atlantis!
Message Boards and in all other parts of the Service.
You acknowledge, consent and agree that Atlantis! may access, preserve and
disclose your account information and Content if required to do so by law or in
a good faith belief that such access preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond
to claims that any Content violates the rights of third parties; (d) respond to
your requests for customer service; or (e) protect the rights, property or
personal safety of Atlantis!, its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may
include security components that permit digital materials to be protected, and
that use of these materials is subject to usage rules set by Atlantis! and/or
content providers who provide content to the Service. You may not attempt to
override or circumvent any of the usage rules embedded into the Service. Any
unauthorized reproduction, publication, further distribution or public
exhibition of the materials provided on the Service, in whole or in part, is
strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in which you
reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Atlantis! does not claim ownership of Content you submit or make available for
inclusion on the Service. However, with respect to Content you submit or make
available for inclusion on publicly accessible areas of the Service, you grant
Atlantis! the following worldwide, royalty-free and non-exclusive license(s),
as applicable:
* With respect to photos, graphics, audio or video you submit or make available
for inclusion on publicly accessible area of the Service other than Atlantis!
Groups, the license to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on the Service solely for the purpose
for which such Content was submitted or made available. This license exists
only for as long as you elect to continue to include such Content on the
Service and will terminate at the time you remove or Atlantis! removes such
Content from the Service.
* With respect to Content other than photos, graphics, audio or video you submit
or make available for inclusion on publicly accessible areas of the Service
other than Atlantis! Groups, the perpetual, irrevocable and fully sublicensable
license to use, distribute, reproduce, modify, adapt, publish, translate,
publicly perform and publicly display such Content (in whole or in part) and to
incorporate such Content into other works in any format or medium now known or
later developed.
"Publicly accessible" areas of the Service are those areas of the Atlantis!
network of properties that are intended by Atlantis! to be available to the
general public. By way of example, publicly accessible areas of the Service
would include Atlantis! Message Boards and portions of Atlantis! Groups, Photos
and Briefcase that are open to both members and visitors.
9. INDEMNITY
You agree to indemnify and hold Atlantis! and its subsidiaries, affiliates,
officers, agents, employees, partners and licensors harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of Content you submit, post, transmit or otherwise make available
through the Service, your use of the Service, your connection to the Service,
your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for
any commercial purposes, any portion of the Service (including your Atlantis!
ID), use of the Service, or access to the Service.
11. MODIFICATIONS TO SERVICE
Atlantis! reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that Atlantis! shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the
Service.
12. TERMINATION
You agree that Atlantis! may, under certain circumstances and without prior
notice, immediately terminate your Atlantis! account, any associated email
address, and access to the Service. Cause for such termination shall include,
but not be limited to, (a) breaches or violations of the TOS or other
incorporated agreements or guidelines, (b) requests by law enforcement or other
government agencies, (c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the Service (or any part
thereof), (e) unexpected technical or security issues or problems, (f) extended
periods of inactivity, (g) engagement by you in fraudulent or illegal
activities, and/or (h) nonpayment of any fees owed by you in connection with
the Services. Termination of your Atlantis! account includes (a) removal of
access to all offerings within the Service, including but not limited to
Atlantis! Mail, Groups, Messenger, Chat, Domains, Personals, Auctions, Message
Boards, Greetings, Alerts and Games, (b) deletion of your password and all
related information, files and content associated with or inside your account
(or any part thereof), and (c) barring of further use of the Service. Further,
you agree that all terminations for cause shall be made in Atlantis!'s sole
discretion and that Atlantis! shall not be liable to you or any third party for
any termination of your account, any associated email address, or access to the
Service.
13. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that Atlantis! Shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers on the Service.
14. LINKS
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because Atlantis! has no control over such sites and
resources, you acknowledge and agree that Atlantis! is not responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or liable for any Content, advertising, products or other
materials on or available from such sites or resources. You further acknowledge
and agree that Atlantis! shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
15. ATLANTIS!'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or by
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by Atlantis!
or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in whole or in
part.
Atlantis! grants you a personal, non-transferable and non-exclusive right and
license to use the object code of its Software on a single computer; provided
that you do not (and do not allow any third party to) copy, modify, create a
derivative work from, reverse engineer, reverse assemble or otherwise attempt
to discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software. You agree not to
modify the Software in any manner or form, nor to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the Service by any
means other than through the interface that is provided by Atlantis! for use in
accessing the Service.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. ATLANTIS AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
b. ATLANTIS! AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE; (iv)THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
ATLANTIS! OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO
CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE
SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS
EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR
ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN
PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND
CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE
USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF
AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ATLANTIS! AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ATLANTIS! HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY
TO YOU.
19. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning companies,
stock quotes, investments or securities, please read the above Sections 16 and
17 again. They go doubly for you. In addition, for this type of information
particularly, the phrase "Let the investor beware" is apt. The Service is
provided for informational purposes only, and no Content included in the
Service is intended for trading or investing purposes. Atlantis! and its
licensors shall not be responsible or liable for the accuracy, usefulness or
availability of any information transmitted or made available via the Service,
and shall not be responsible or liable for any trading or investment decisions
based on such information.
20. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall
be no third-party beneficiaries to this agreement.
21. NOTICE
Atlantis! may provide you with notices, including those regarding changes to the
TOS, by email, regular mail or postings on the Service.
22. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT
Atlantis! respects the intellectual property of others, and we ask our users to
do the same. Atlantis! may, in appropriate circumstances and at its discretion,
disable and/or terminate the accounts of users who may be repeat infringers. If
you believe that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise
violated, please provide Atlantis!'s Copyright Agent the following information:
1. An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual
property interest;
2. Adescription of the copyrighted work or other intellectual property that you
claim has been infringed;
3. Adescription of where the material that you claim is infringing is located on
the site;
4. your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the
copyright or intellectual property owner or authorized to act on the copyright
or intellectual property owner's behalf.
Atlantis!'s Agent for Notice of claims of copyright or other intellectual
property infringement can be reached as follows:
By mail:
Copyright Agent
c/o Atlantis Software Inc.
3592 Corporate Drive, Suite # 103
Columbus, OH 43231
By phone: (614) 212-5064
By fax: (614) 212-5069
By email: copyright@asoft.net
23. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and
Atlantis! and governs your use of the Service, superseding any prior agreements
between you and Atlantis! with respect to the Service. You also may be subject
to additional terms and conditions that may apply when you use or purchase
certain other Atlantis! services, affiliate services, third-party content or
third-party software.
Choice of Law and Forum. The TOS and the relationship between you and Atlantis!
shall be governed by the laws of the State of Ohio without regard to its
conflict of law provisions. You and Atlantis! agree to submit to the personal
and exclusive jurisdiction of the courts located within the county of Franklin,
Ohio.
Waiver and Severability of Terms. The failure of Atlantis! to exercise or
enforce any right or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the TOS remain in full force and
effect.
No Right of Survivorship and Non-Transferability. You agree that your Atlantis!
account is non-transferable and any rights to your Atlantis! ID or contents
within your account terminate upon your death. Upon receipt of a copy of a
death certificate, your account may be terminated and all contents therein
permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Service or the TOS must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or
contractual effect.
24. VIOLATIONS
Please report any violations of the TOS to our Customer Care group.