Terms & Conditions
Acceptance of these Terms of Use.
These terms of use, together with any documents they expressly incorporate by reference (collectively, these “Terms”) are entered into by and between you and Atomontage Inc., a Delaware corporation, and Atomontage Slovakia s.r.o., a Slovak republic limited liability company (collectively, “we,” “our,” “us,” and their derivatives). These Terms govern your use of our websites, including https://www.atomontage.com/ and its subdomains, the products we create and distribute, including, without limitation, the Atomontage platform and its related documentation, and other online services we may provide (collectively, the “Services”).
THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY. BY USING ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONSENT TO OUR PRIVACY PRACTICES AS DESCRIBED IN OUR PRIVACY POLICY (AVAILABLE AT https://www.atomontage.com/privacy-policy) (the “Privacy Policy”) THAT IS INCORPORATED BY REFERENCE INTO THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR DO NOT CONSENT TO OUR PRIVACY PRACTICES AS DESCRIBED IN THE PRIVACY POLICY, DO NOT USE ANY OF THE SERVICES.
Privacy Policy. All personal information or data we collect through the Services is subject to our Privacy Policy. Please let us know if you have any questions about our practices concerning the collection and processing of your personal information or data.
Children. Children are not allowed to use the Services. A “Child” is a person under the age needed to consent to the processing of personal information or data in their country of residence (e.g., under 13 years old for residents of the United States or typically under 16 years old for residents of the EU). If you are a parent or guardian of a Child who has submitted personal information or data through the Services, please contact us by emailing us at contact+tos@atomontage.com.
Use of the Services.
License. Subject to your compliance with these Terms and the law, you may access and use the Services.
Intellectual Property. We remain the sole owner of all right, title, and interest in the Services. The Services are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except as expressly stated in these Terms, we do not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights to the Services or any part of the Services, and all rights not expressly granted are reserved by us.
Trademarks. ©2021 Atomontage Inc., Atomontage®, Montage Manager™, Montages™, and all related names, logos, product and service names, designs, and slogans are our trademarks. You must not use such marks without our prior written permission.
The Cloud. Though your Content is uploaded to our servers through the cloud, we recommend that you also back up your Content elsewhere regularly. We may create reasonable technical limits on file size, storage space, processing capacity, and other technical limits. We may suspend the Services until you are within the cloud space limit associated with your account. “Content” means any material, including, without limitation, audio files, video files, project files, electronic documents, text, branding, or images, that you or another user uploads and imports into the Services in connection with use of the Services.
Your Content.
Ownership. You retain all rights in and ownership of your Content. We do not claim any ownership rights to your Content.
Licenses to Your Content. We require certain licenses from you to your Content in order to operate and enable the Services. When you upload Content to the Services, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, display, and store your Content. This license is only for the purpose of operating or improving the Services.
Sharing Your Content with Others. Some Services may provide features that allow you to share your Content with others using a URL. If you share your Content with others, those persons may use, copy, modify, and re-share your Content in many ways. Please carefully consider what you choose to share or make public as you are responsible for the Content that you share. We do not monitor or control what others do with your Content. You are responsible for determining the limitations that are placed on your Content and for applying the appropriate level of access to your Content. It is your responsibility to let other users know how your Content may be shared.
Termination of License. You may revoke this license to your Content and terminate our rights at any time by removing your Content from the Services.
Feedback. You have no obligation to provide us with ideas, suggestions, or proposals (“Feedback”). However, if you submit Feedback to us, then you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, and publicly perform the Feedback.
Account Information. You are responsible for all activity that occurs via your account. Please notify us immediately if you become aware of any unauthorized use of your account. You may not use another person’s account. If an account is found to be compromised and/or is accessible by multiple users, we reserve the right to suspend the account pending an investigation which would involve proof of ownership and account security verification.
User Conduct.
Responsible Use. We expect a certain degree of courtesy and professionalism. You must use the Services responsibly.
Misuse. You must not misuse the Services. For example, you must not:
modify, port, adapt, or translate any portion of the Services;
reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or any portion of any Service;
copy, modify, host, stream, sublicense, illegally distribute, or resell the Services;
enable or allow others to use the Services using your account information;
use the Services to construct any kind of database;
access or attempt to access the Services by any means other than the interface we provide or authorize;
circumvent any access or use restrictions put into place to prevent certain uses of the Services;
share Content, or engage in behavior that violates anyone’s rights, including, without limitation, copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights;
upload or share any Content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
attempt to disable, impair, or destroy the Services;
upload, transmit, store, or make available any Content or code that contains any viruses, malicious code, malware, or any components designed to harm or limit the functionality of the Services;
disrupt, interfere with, or inhibit any other user from using the Services;
engage in chain letters, junk mails, pyramid schemes, phishing, spamming, or other unsolicited messages;
place an advertisement of any products or services in the Services except with our prior written approval;
use any data mining or similar data gathering and extraction methods in connection with the Services; or
violate applicable law.
Although we are not obligated to monitor access to or use of the Services, we have the right to do so for the purpose of operating and updating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove, disable, or suspend your or any user’s access to any of the Services, at any time and without notice, including, without limitation, if we, at our sole discretion, consider any activity when using the Services to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms of Use or conduct that affects the Services including, consulting and cooperating with law enforcement authorities to prosecute users who violate the law.
Third Party Content. If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Copyright Infringement.
Reporting Claims of Copyright Infringement. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials or activities accessible on or from the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
your physical or electronic signature;
identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works available through the Services, a representative list of such works;
identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
a statement that the information in the written notice is accurate; and
a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is: DMCA-1039938. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Furthermore, if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Counter-Notification Procedures. If you believe that material you uploaded or posted to the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent designated below. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
your physical or electronic signature;
an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue.
Our designated agent to receive Counter-Notices is: DMCA-1039938. The DMCA allows us to restore the removed materials if the party filing the original DMCA Notice does not file a court action against you within 10 business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Repeat Infringers. It is our policy in appropriate circumstances to suspend or terminate the accounts of users who are repeat infringers.
Your Warranty and Indemnification Obligations.
Warranty. By uploading your Content to the Services, you agree that you have: (a) all necessary licenses and permissions to use and share your Content; and (b) the rights necessary to grant the licenses in these Terms.
Indemnification. You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damage, including reasonable attorneys’ fees, arising out of or related to your Content, your use of the Services, or your violation of these Terms.
Disclaimers of Warranties. The Services are provided “AS-IS” and based on “commercially reasonable efforts.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the Content on the Services. We further disclaim any warranty that (a) the Services or will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results obtained from the use of the Services will be effective, accurate, or reliable; (c) the quality of the Services will meet your expectations; or (d) any errors or defects in the Services will be corrected. We specifically disclaim all liability for any actions resulting from your use of any Services. You may use and access the Services at your own discretion and risk, and you are solely responsible for any damage to your computer system, business operations, or loss of data that results from the use of and access to any Service. If you share your Content, we are not responsible for: (a) any loss, corruption, or damage to your Content; (b) the deletion of Content by anyone other than us; or (c) the inclusion of your Content by third parties on other websites or other media.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability. We are not liable to you or anyone else for any loss of use, data, goodwill, or profits, whatsoever, and any special, incidental, indirect, consequential, or punitive damages whatsoever, regardless of cause (even if we have been advised of the possibility of the loss or damages), including losses and damages (a) resulting from loss of use, data, or profits, whether or not foreseeable; (b) based on any theory of liability, including breach of contract or warranty, negligence, or other tortious action; or (c) arising from any other claim arising out of or in connection with your use of or access to the Services. Our total liability in any matter arising out of or related to these Terms is limited to $500.00. This limitation will apply regardless of the form or source of claim or loss, whether the claim or loss was foreseeable, and whether a party has been advised of the possibility of the claim or loss. The limitations and exclusions in this Section apply to the maximum extent permitted by law.
Termination.
Termination by You. You may stop using the Services at any time.
Termination by Us. If we terminate your use of the Service(s) for reasons other than for cause, we will make reasonable efforts to notify you at least 30 days prior to termination via the email address you provide to us with instructions on how to retrieve your Content. We may, at any time, terminate your right to use and access the Services if: (1) you breach any provision of these Terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with these Terms); (2) you physically, verbally, or through other means abuse, threaten, bully, or harass us or our personnel (in such circumstances, we may alternatively suspend or restrict your access to the Services); (3) you have repeatedly made complaints in bad faith or without a reasonable basis, and continue to do so after we have asked you to stop (in such circumstances, we may alternatively suspend or restrict your access to the Services); (4) we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (5) we elect to discontinue the Services, in whole or in part (such as if it becomes impractical for us to continue offering Services in your region due to change of law); or (6) there has been an extended period of inactivity in your account.
Survival. Upon termination of these Terms, some or all of the Services may cease to operate without prior notice. We will use commercially reasonable efforts to allow you to transition your Content out of the Services. The transition must be completed within 30 days from the date of the termination. At the end of this 30-day transition period, we reserve the right to delete your Content. The following provisions will survive termination: Sections 2 (Privacy Policy), 4.B (Intellectual Property), 4.C (Trademarks), 5 (Your Content), 7.C (Third Party Content), 9 (Your Warranty and Indemnification Obligations), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12.C (Survival), 13 (Updates), and 14 (Miscellaneous).
Updates.
Updates to these Terms. We may modify these Terms to reflect changes to the law or changes to our Services. You should look at these Terms regularly. We will post notice of modifications to these Terms. By continuing to use or access the Services after the revisions are in effect, you agree to be bound by the revised Terms.
Updates to the Services. We may modify, update, or discontinue the Services (including any portions or features) at any time, without liability to you or anyone else. If we discontinue the Services in its entirety, we will also allow you a reasonable time to download your Content.
Miscellaneous.
English Version. The English version of these Terms will be the version used when interpreting or construing these Terms.
Contact. You may send notices or your questions or comments to us at contact+tos@atomontage.com. We may notify you by email, postings within the Services, or other legally accepted means.
Governing Law and Jurisdiction. All matters relating to the Services and these Terms and any related dispute or claim will be governed by and construed in accordance with the internal laws of the State of Delaware, United States, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services must be instituted exclusively in the federal and state courts located in the State of Delaware, United States. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Non-Assignment. You may not assign or otherwise transfer these Terms or your rights and obligations under these Terms, in whole or in part, without our written consent, and any such attempt will be void. We may transfer our rights under these Terms to a third party.
Waiver and Severability. No waiver by us of any term or condition set out in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and our failure to assert a right or provision under these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
Entire Agreement. These Terms and our Privacy Policy are the sole and entire agreement between you and us regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding their subject matter.
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