Welcome to the Atomic Curve Website located at www.AtomicCurveDesign.com (the “Website”) owned and operated Atomic Curve.
1. YOUR ACCEPTANCE. By opening, accessing, downloading browsing or otherwise using, in any way, the Website including, any service or feature on the Website and Atomic Curve Content (as defined below), You consent to, and are bound by, these Terms. In order to use the Website, You must be 18 or over, or of the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Website only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms on Your behalf. Atomic Curve Content means all information, data, text, software, music, sounds, images, photographs, graphics, videos, web-casts, messages, tags, or other materials that are available on, or through, the Website.
2. POLICIES. Your use of the Website is subject to all applicable technical and non-technical specifications, guidelines and policies which Atomic Curve may provide from time to time (hereinafter collectively referred to as “the Policies”). You agree and undertake to comply with the Policies.
3. MODIFICATIONS. Atomic Curve may modify the Terms from time to time, in its sole discretion, or may modify, suspend or discontinue, temporarily or permanently, the Website or any part or feature thereof, with or without notice, and without liability to You. Modifications to these Terms, including, but not limited to, any Policies, will be posted on the relevant area of the Website and will be effective immediately upon posting. You agree to review the Terms from time to time to ensure you are updated as to any modifications. By continuing to use the Website following any such modifications, You accept and agree to be bound by such modifications. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE WEBSITE.
4. REGISTRATION. You are not required to register in order to access the Website. In order to use certain features of the Website including, without limitation, the Atomic Curve Service, You will have to register and create a unique, password-protected account (“Your Account”). You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. Atomic Curve reserves the right to delete Your Account without warning if you are found to have misrepresented your age or any of the registration information submitted. You are responsible for maintaining the confidentiality of your password and email address. You agree to (a) immediately notify Atomic Curve 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. You will be solely responsible for safeguarding Your password and also for any actions under Your password and Account, whether authorized by You or not. Atomic Curve cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
5. OWNERSHIP. You acknowledge and agree that the Website uses and contains proprietary and confidential information, as well as content and images owned by, or licensed to, Atomic Curve and protected by applicable intellectual property and other laws and international treaties. Atomic Curve Content displayed on or through the Website is copyrighted by Atomic Curve under United States and international copyright laws. Other than with respect to Your Submissions (as defined below), and as expressly set forth in this Agreement, the Atomic Curve Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Atomic Curve. You must abide by all copyright notices, information, or restrictions contained in or attached to any Atomic Curve Content. Atomic Curve and the Atomic Curve logo, as well as certain other of the words and logos displayed on the Website, constitute trademarks, trade names, or service marks (“Marks”) of Atomic Curve or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Atomic Curve or those other entities. Your Submissions includes all content, including Your Feedback (as defined below), that You upload, post, publish, display or otherwise make available on, or through, the Website.
6. YOUR PERMISSION. Subject to Your acceptance and compliance with the Terms, Atomic Curve hereby grants You permission to access and use the Website, provided that You shall not (and not allow third party to): (i) modify, adapt, translate, or reverse engineer any portion of the Website; (ii) remove any copyright, trademark or other proprietary rights notices contained in or on the Website or in or on any content or other material obtained via the Website;e; (iii) access, retrieve or index any portion of the Website for purposes of constructing or populating a searchable database of business reviews (iv) collect or harvest any information about other users or members (including usernames and/or email addresses) for any purpose; (v) reformat or frame any portion of the web pages that are part of the Website; (vi) create user accounts by automated means or under false or fraudulent pretenses; (vii) create or transmit unwanted electronic communications such as “spam” to other users or members of the Website or otherwise interfere with other users’ or members’ enjoyment of the Website; (viii) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; (ix) use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, including any material that may be deemed threatening or obscene; (x) copy or store any Atomic Curve Content offered on the Website for other than your own personal, non-commercial use (except as expressly licensed as part of the Atomic Curve Service under the Atomic Curve Service Agreement); (xi) use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website; (xii) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; (xiii) use the Website intentionally or unintentionally, to violate any applicable local, state, national or international law; or (xiv) collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
7. YOUR SUBMISSIONS
7.1 Your Ownership Rights. Subject to the licenses You are granting hereunder, You retain all right, title and interest, including without limitation all worldwide intellectual property rights, in and to Your Submissions. We shall not acquire any right, title or interest in or to Your Submissions, except as provided herein.
7.2 Atomic Curve License. You hereby grant Atomic Curve a worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sub-licensable and transferable right and license, with a right to sub-license, to use, reproduce, store, host, index, cache, distribute (through multiple tiers), publicly perform, publicly display, (each of the foregoing in any form, medium or technology now known or later developed), modify and adapt including without limitation the right to adapt for streaming, downloading, broadcasting, distribution, publicly displaying, publicly performing (each of the foregoing in any form, medium or technology now known or later developed), create derivative works from, and exercise all aforesaid rights with respect to such derivative works, and otherwise exploit in any manner, Your Submissions or any part thereof. You hereby expressly waive any and all so-called moral rights You may have in Your Submissions.
7.3 Your Feedback. As part of the Website, Atomic Curve may provide bulletin boards, blogs, instant messaging, wikis and the like for posting user feedback, comments or other input on the Website (“Your Feedback”). You understand and acknowledge that, subject and pursuant to the licenses set forth hereunder, Atomic Curve may display Your Feedback on the Website and use it for other marketing and business activities. In addition, Atomic Curve may in its sole discretion decide not to use Your Feedback, delete it from the Website, and even edit Your Feedback for both content and format. You hereby expressly waive any and all so-called moral rights You may have in Your Feedback.
7.4 Pornographic Content. You will not use the Website to display, distribute or make available any material that is sexual, pornographic, erotic, obscene, indecent or profane in its use of sexual language or description or depictions of sexual acts (hereinafter, “Pornographic Content”) nor upload, email, post, publish, distribute, transmit, submit or otherwise make available through the Website any Pornographic Content. If Atomic Curve finds a Submission or other content that it determines, in its sole discretion, contains Pornographic Content, Atomic Curve may, without notice, remove or block access to such content and terminate Your Account.
7.5 Infringing Content. You will not use the Website for any purpose or in any manner that infringes the intellectual property rights of any third party. You will not upload, email, post, publish, distribute, transmit, submit or otherwise make available through the Website any content that infringes the intellectual property rights of any third party. If Atomic Curve finds content that it determines, in its sole discretion, contains infringing content, Atomic Curve may, without notice, remove or block access to such content and terminate Your Account. Without limiting the foregoing, Your use of the Website is governed by the Atomic Curve Copyright Policy contained in Section 8.
7.6 Authority. You hereby represent and warrant to Atomic Curve that: (i) You have all the requisite power and authority, corporate or otherwise, to enter into this Agreement, conduct Yourself and Your business and to execute, deliver, and perform all of Your obligations under this Agreement; (ii) You are the owner - or the authorized agent of the owner - of Your Submissions and Feedback; (iii) You have the right to grant the licenses granted under this Agreement; (iv) Your performance under this Agreement and/or the rights granted herein do not and will not conflict with or result in a breach or violation of any of the terms or provisions, or constitute a default under any contract or agreement, to which You are currently bound or will become bound in the future; (v) Your performance under this Agreement will comply with all applicable laws, rules and regulations (including, without limitation, export control, privacy and obscenity laws), domestic or foreign. In addition, You hereby represent and warrant that Your Submissions and Feedback and Atomic Curve’s use thereof pursuant to this Agreement, (i) do not and will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy right; (ii) do not contain Pornographic Content; (iii) are not fraudulent, misleading, hateful, tortuous, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene; (iv) do not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another party’s use of the Website; (v) do not promote illegal or harmful activities or substances or provide instructional information about activities such as making or buying illegal weapons or substances; (vi) are not illegal, unlawful or contrary to the laws or regulations in any state or country where, as applicable, Your Submissions are created, displayed or accessed; (vii) do not contain any adware, malware, spyware, computer programming routines, software or viruses that are intended to damage, interfere with or in any way limit the functionality of any computer software or hardware or telecommunications equipment, intercept or expropriate any system data or personal information, permit unauthorized access to the Service or any part thereof or disable, damage or erase any portion of the content or advertisements processed or stored therein; or (viii) do not constitute unsolicited bulk email, junk mail, spam or chain letters.
8. INDEMNITY. You will indemnify, defend and hold Atomic Curve and its officers, directors, employees, shareholders, successors, agents, affiliates, subsidiaries and relevant third parties including advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants and contractors (collectively the “Atomic Curve Entities”) harmless from and against any claims, liabilities, losses, costs, damages or expenses including reasonable attorneys’ fees and costs, directly or indirectly, arising out of or in any way relating to: (i) Your negligence or misconduct; (ii) Your Submissions or any other information or material You submit; (iii) Your conduct, including Your use of the Website; (iv) any violation or breach of this Agreement; or (v) any violation or infringement of any intellectual property, privacy, publicity, confidentiality or proprietary rights of any third-party as a result of Your use of the Website (collectively, the “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the Atomic Curve Entities. Atomic Curve shall have the right, in its sole discretion, to select its own legal counsel to defend Atomic Curve from any Claims (but by doing so shall not excuse Your indemnity obligations) and You shall be solely responsible for the payment of all Atomic Curve’s reasonable attorneys’ fees incurred in connection therewith. You shall notify Atomic Curve immediately if You become aware of any actual or potential claims, suits, actions, allegations or charges that could affect Your or Atomic Curve’s ability to fully perform their respective duties or to exercise its rights under this Agreement. You shall not, without the prior written approval of Atomic Curve, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against You, if such settlement or resolution results in any obligation or liability for Atomic Curve.
You agree that Atomic Curve, in its sole discretion, may terminate your use of the Website, for any reason, including, without limitation, if Atomic Curve believes that you have violated or acted inconsistently with the Terms or any additional posted guidelines, rules, and terms and conditions applicable to any services provided through the Website. You agree that any termination of your access to the Website under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Atomic Curve may immediately deactivate or delete your password and user name and all related information and files associated with it and/or bar any further access to such files or the Website. Atomic Curve shall not be liable to you or any third party for any termination of your access to the Website.
10.1 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is excluded and does not apply to this Agreement.
10.2 Assignment. You may not assign or transfer this Agreement, in whole or in part, without the prior written consent of Atomic Curve. Any attempted assignment in violation of this Section will be null and void and of no force or effect. Atomic Curve may assign this Agreement freely at any time without notice. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party's permitted successors and assigns.
10.3 Waiver. The failure to require performance of any provision shall not affect Atomic Curve’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
10.4 Severability. If any portion of this Agreement is found to be unenforceable, such portion will be modified to reflect the parties' intention and only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement will remain in full force and effect.
10.5 Entire Agreement. This Agreement constitutes the entire and exclusive understanding and agreement between You and Atomic Curve regarding this subject matter, and supersedes any and all prior or contemporaneous agreements or understandings, written and oral, between You and Atomic Curve relating to this subject matter.