2. ABILITY TO ACCEPT TERMS OF SERVICE
These Terms form a legally binding contract between you and us. By using our Site, you affirm that you are at least 13 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, and to abide and comply with these Terms.
3. THE SITE
We grant you permission to use the Site as set forth in these Terms provided that: (i) your use of the Site as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Site in any medium without our prior written authorization; (iii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms. We may limit your access to certain Materials or areas of the Site depending on your geographic location or other factors determined by us in our sole discretion.
These Terms apply to all users of the Site, including users who are also contributors of photos, video content, information, and other materials on the Site. However, we cannot and do not monitor or manage all Materials. You understand that when using the Site, you will be exposed to Materials (as defined below) from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Materials. You further understand and acknowledge that you may be exposed to Materials that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and agree to indemnify and hold us, our owners/operators, affiliates, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
4. CHANGES TO THE SITE AND/OR TERMS
We reserve the right to modify or terminate the Site for any reason, and without notice, without liability to you or any third party. We also reserve the right to modify these Terms from time to time without notice. You are responsible for regularly reviewing these Terms so that you will be apprised of any changes. Your use of the Site following any modification in these Terms will signify your assent to and acceptance of its modified terms.
5. SUBMISSIONS TO THE SITE
The Site permits the submission of content submitted by you and other users (“Materials”). We may or may not pre-screen the Materials. We may, but are not required to, host, share or publish such Materials as we see fit in our sole discretion, and any Materials hosted, shared or published on the Site may be removed by us in our sole discretion at any time without notice to you. You understand that whether or not such Materials are published, we do not guarantee any confidentiality with respect to any submissions.
We do not authorize you to upload to our Site certain items and content. Do not create, send, submit or upload any Materials that:
Are protected by copyright, trademark, patent or trade secret or subject to third-party proprietary rights, including rights of privacy and publicity – unless you are or have written permission from the rightful owners (or their parents or legal guardians, if such persons are minors or otherwise incapable of providing consent);
Contain fraudulent statements or misrepresentations that could damage us or any third party;
Contain any statements or materials that disparage, ridicule or scorn us or any third party;
Are obscene, defamatory, threatening, harassing, predatory, pornographic, hateful, racially or ethnically offensive, or encourage conduct that would violate any law or are otherwise inappropriate;
Are an advertisement, solicitation of business or engage in any commercial activity on the Site or contain any products, brand names, logos, signs artwork, posters or other material;
Are an impersonation of another person;
Produce SPAM on or throughout the Site publicizing a product or event; or
Violate any of the rules of Code of Conduct (described below), these Terms or other agreements that we incorporate into these Terms by reference.
You shall be solely responsible for your conduct and any Materials that you submit to the Site and you affirm, represent and/or warrant that all Materials you submit will comply with these Terms.
6. OWNERSHIP OF CONTENT ON SITE
Everything on or used in connection with our Site including the Materials submitted by users, including without limitation text, software, scripts, images, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (collectively, “Content”) is owned by us or our affiliates, subsidiaries, licensors or suppliers. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the Content (including Content that the Site enables you to download or save) without our express permission.
Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
7. LICENSE FOR USER MATERIALS
For clarity, we retain all ownership rights in your Materials. If you create, transfer, share, send, submit, post or upload any Materials to our Site, you grant us full ownership rights allowing us to use it (described below) without getting your further permission or having to pay you for it.
By sending, submitting, uploading or displaying the Materials on or through the Site, you grant us full ownership rights to use, copy, reproduce, distribute, publish, publicy perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from your Materials in any form, format or medium of any kind now known or later developed, both on this Site and other online locations, and in other forms or media off the Internet. You waive any moral rights you might have with respect to any Materials you provide to us. You also hereby grant each user of the Site a non-exclusive license to access your Materials through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such Materials as permitted through the functionality of the Site and under these Terms. We do not endorse any Materials or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with the Materials.
We are not responsible for enforcing any rights you may have with respect to your Materials against other Site users. If you have a dispute with another Site user, you are responsible for contacting other Site users directly. Do not contact us.
8. YOUR COPYRIGHTED WORK
Just as we require Site users to respect our copyrights and those of our affiliates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our Site without authorization in a way that constitutes copyright infringement, please visit our Copyright Policy for details on how to notify our designated agent that you would like to have the infringing content removed.
9. CODE OF CONDUCT
To allow this community to develop and grow in a healthy and respectful fashion, we have some rules that everyone needs to follow. If a user notifies us of an inappropriate image or comment, it will be reviewed. If the review determines that the image or comment breaks any of the rules of conduct listed below, we will remove that content. Please note that all personal information submitted in connection with the Site is subject to the Above the Influence Privacy Statement.
You are not allowed to provide anyone with your real name or any other personally identifying information or the name, phone number, address, password or any other personally identifying information of any other person or business through any means available through the Site.
You are also prohibited from engaging in any of the following:
Deceptive or misleading practices;
Abusing, intimidating or harassing others and stalking behavior;
Taking any action, uploading, posting, streaming or transmitting any content, language, images or sounds in any publicly viewable areas that we, in our sole discretion, find offensive, hateful or vulgar. This includes any content or communication that we in our sole discretion deem to be racially, ethnically, religiously, or sexually offensive, libelous, defaming, threatening, bullying or stalking;
Organizing hate groups;
Uploading, posting, streaming or transmitting any content that contains any viruses, worms, spyware, time bombs or other computer programs that may damage, interfere with or disrupt the Site or computers or other Site users;
Using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Site;
Collecting or harvesting any information about other users (including usernames and/or email addresses);
Causing disruption to the Site or any system, hardware, software or network connected to the Site;
Attempting to hack or reverse engineer any code or equipment in connection with the Site;
Creating user accounts by automated means or under false or fraudulent pretenses;
Reformatting or framing any portion of the web pages that are part of the Site;
Violating any local, state or national law including local rules regarding online conduct and acceptable content and laws regulating the export of data from the United States or your country of residence;
Taking any action that we consider to be disruptive to the normal flow of activities on the Site, including uploading, posting, streaming or transmitting any unsolicited or unauthorized material, including junk mails, SPAM, excessive mails or chain letters;
Distributing commercial content such as advertisements, solicitations, promotions and links to websites;
Using the communication systems provided by the Site for any commercial solicitation purposes or soliciting any users of the Site with respect to their submissions;
Uploading, posting, streaming, accessing or otherwise transmitting any content that you know or should have known infringes or violates any third-party rights, any law or regulation or contractual or fiduciary obligations;
Removing any copyright, trademark or other proprietary rights notices contained in or on the Site;
Impersonating any person, including an employee of the Partnerhsip or any third-party or submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by the Partnership or the Site;
Using, making or distributing unauthorized software or hardware in conjunction with the Site, or taking or using any data from the Site to design, develop or update unauthorized software or hardware.
We reserve the right to decide whether Material is appropriate and complies with these Terms and may remove Materials that we determine in our sole discretion violate these Terms.
10. USE OF YOUR PERSONAL INFORMATION
We respect your information and privacy and will not publicly disclose your personal information to non-affiliated third parties other than as stated in the ATI Privacy Statement. By using our Site, you acknowledge that we are not responsible for any personal information that you publicly disclose (intentionally or unintentionally) using the Site’s services.
11. LINKING POLICY
If you link to this Site from another web site: (i) the link must not damage, dilute or tarnish the goodwill associated with any Partnership or Site name or entity; (2) the link must not create the false appearance that the other website is sponsored by, endorsed by, affiliated with or associated with the Partnership; (3) the website may not “frame” or alter this Site in any way; and (4) the linked website may not be unlawful, abusive, indecent or obscene, promote violence or illegal acts, be libelous, defamatory or otherwise deemed inappropriate, as determined by us in our sole discretion; and (iv) the linked website may not display our Content, including any of our logos, to create a link, without our prior written consent.
12. WARRANTY DISCLAIMER
Your use of the Site is at your sole risk. To the fullest extent permitted by law, the Partnership, its officers, directors, shareholders, employees, representatives, and agents disclaim all warranties, express, implied or statutory, including without limitation the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement of proprietary rights, in connection with the Site and your use of it. The Partnerhsip makes no warranties or representations about the accuracy or completeness of the Site, and assumes to the maximum extent permitted by law no liability or responsibility for any (a) errors, mistakes or inaccuracies on the Site; (b) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Site; (c) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (d) interruption or cessation of transmission to or from our Site; (e) bugs, viruses, trojan horses or the like that may be transmitted to or through our Site; and/or (f) errors or omissions on our Site or for any loss or damage of any kind incurred as a result of your use of any Materials or Content available via the Site. The Partnerhsip does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through the Site or any hyperlinked website or feature in any banner or other advertising, and the Partnerhsip will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
13. LIMITATION OF LIABILITY
In no event will the Partnerhsip, its officers, directors, employees, representatives or agents be liable to you for any direct, indirect, incidental, special, exemplary, punitive or consequential damages whatsoever resulting from any (a) mistakes or inaccuracies of Content on the Site, (b) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Site, (c) any unauthorized access to or use of our secure servers or any and all personal information or financial information stored therein, (d) any interruption or cessation of transmission to or from the Site, (e) any bugs, viruses, trojan horses or the like that may be transmitted to or through the Site; or (f) any 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 or Materials posted, emailed, transmitted or made available via the Site, whether based on warranty, contract, tort or any other legal theory and whether or not the Partnership is advised of the possibility of such damages. This limitation of liability applies to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that the Partnership shall not be liable for materials or content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
This Site is controlled and offered by the Partnership from its facilities in the United States of America. The Partnership makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
15. INDEPENDENT PARTIES
You and the Partnership are independent parties, and nothing in these Terms will be construed as creating a joint venture, partnership, employment or agency relationship between you and the Partnership. The Partnership is not liable for any representation, act or omission by you contrary to the provisions of these Terms.
16. 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 your use of the Site or these Terms must be filed within one (1) year after the claim or cause of action arose or be forever barred.
17. GOVERNING LAW AND JURISDICTION
These Terms and all questions relating to the performance, interpretation, breach or enforcement of these Terms, or the rights, obligations and liabilities of you and us under them are governed by the laws of the District of Columbia. You agree that all disputes, claims or litigation arising from or related in any way to these Terms and our relationship with you will be litigated only in a court of competent jurisdiction located in the District of Columbia. You agree to be subject to personal jurisdiction and venue in that location.
Without limiting the foregoing, under no circumstances shall the Partnership be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms together with any other legal notices published by the Partnership on the Site constitute the entire agreement between you and the Partnership with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms by a party will be effective only if in writing and signed by a party. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Partnerhsip failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Just as the Partnership requires users of the ATI Site (“Site”) to respect our copyrights and those of our affiliates, licensors and business partners, we respect the copyrights of others. To that end, we have adopted this Copyright Policy in accordance with the Digital Millennium Copyright Act “DMCA”) (17 U.S.C. 512 et seq.).
Once the Partnership’s representative who has been designated to receive notification of claimed copyright infringement (“Designated Agent”), whose name and contact information is noted below, receives proper notice of the alleged infringement, or if the Partnership otherwise comes to believe in good faith that any specific content, including user generated content, on the Site contains material that infringes copyright (“Disputed Content”), the Partnership may (1) promptly remove or block access to the Disputed Content or (2) deny access to the Site to users that repeatedly violate copyright or other intellectual property rights. The Partnership will take reasonable steps to notify a user who has uploaded Disputed Content if that Disputed Content is subsequently removed or disabled.
1. PROCEDURE FOR REPORTING COPYRIGHT INFRINGEMENT:
If you believe in good faith that your copyrighted work has been reproduced on the Site without authorization in a way that constitutes copyright infringement, you or a person authorized to act on your behalf may notify our Designated Agent:
Copyright Infringement Officer
352 Park Avenue South, 9th Floor
New York, NY 10010
By phone: 212-922-1560
By email: email@example.com
Pursuant to federal law, your notice must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that you alleged is being infringed;
Identification of the copyrighted work you claim has been infringed, or, if multiple copyrighted works on the Site are included in a single notification, a representative list of all those works on the Site;
Identification of the Disputed Content that you claim is infringing, including information regarding the location of the Disputed Content the copyright owner wishes to be removed from the Site or have access to it blocked with enough detail so that the Partnership may locate the Disputed Content;
Your contact information, including address, telephone number, and, if available, email address;
A statement that you have a good faith belief that the Disputed Content is not authorized by the copyright owner, the copyright owner’s agent or the law; and
A statement made under penalty of perjury that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right under the DMCA that is allegedly infringed.
2. SUPPLYING A COUNTER-NOTICE REGARDING ALLEGED COPYRIGHT INFRINGEMENT
If you are the provider of the Disputed Content and believe a copyright infringement notice has been wrongly submitted against you as a result of mistake or a misidentification of the claimed copyrighted material, you may send a counter-notification to our Designated Agent (whose address is included in Paragraph 1 above). The counter notification must provide the following information:
Your physical or electronic signature;
Identification of the Disputed Content that has been removed or to which access has been disabled, and the location where the Disputed Content appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you believe in good faith that the Disputed Content was removed or disabled as a result of mistake or misidentification;
Your name, address, telephone number and, if available, email address, and
A statement that you consent to the jurisdiction of the United States District Court for the judicial district pertaining to your address, or if your address is outside of the United States, for any judicial district in which the Partnership is located, and that you will accept service of process from the person who provided notification or an agent of such person.
If our Designated Agent receives a counter-notice from you, the Partnership will send a copy of it to the original complaining party informing that person or entity that the Partnership may replace the removed Disputed Content or cease disabling access to it. Please note that when we forward the counter-notice, it includes your personal information. By submitting a counter-notice, you consent to having your information revealed in this way. We will not forward the counter-notice to any party other than the complaining party. Unless the Designated Agent receives notice from the original complaining party that the original complaining party has filed an action seeking a court order to restrain the user who posted the Disputed Content from engaging in infringing activity relating to the Disputed Content on the Site, the Partnership will replace or restore access to the Disputed Content on the Site or permit the user to re-post the Disputed Content.