AtContent™ TERMS OF SERVICE
ATTENTION, NOTICE TO USER: THIS IS AN AGREEMENT GOVERNING YOUR RELATIONSHIP WITH IFFACE, INC. AND ITS AFFILIATES D/B/A ATCONTENT (“ATCONTENT”) AND USE OF THE SERVICES, AS DEFINED BELOW, PROVIDED TO YOU BY ATCONTENT. YOU MAY USE THE SERVICES ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THESE SERVICES. USING THESE SERVICES INDICATE THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS (“TERMS OF SERVICE”), DO NOT USE THESE SERVICES.
Acceptance of Terms of Service
This Terms of Services Agreement (the “Agreement” or “Terms of Service” ) is a legal agreement between You, either an individual or an entity (the “You” or “User”), and AtContent regarding the Services, as defined below. AtContent makes the Website www.atcontent.com including all AtContent’s domains included within this Internet website (“Website”), and all information, graphics, documents, text, products, services and all other elements of the Website and all products offered on this Website and Services operated through the Website, available for You subject to the terms and conditions set forth in this Agreement. By using the Services, You agree to be bound by the following Terms of Service and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on the Website and all such terms shall be deemed accepted by You. If You do NOT agree to all these Terms of Service, You should NOT use the Services. If You do NOT agree to any additional specific terms which apply to particular AtContent’s Content (as defined below) or to particular transactions concluded through the Website, then You should NOT use the part of the Website and/or Services which contains such AtContent’s Content or through which such transactions may be concluded and You should NOT use such AtContent’s Content or conclude such transactions. Also, when You use any current or future AtContent’s Services or visit AtContent’ Websites or obtain any products or services, whether free of charge or for payment, of AtContent or any business affiliated with AtContent, whether or not included in the Website, You will be subject to the guidelines and conditions applicable to such services or business.
These Terms of Service may be amended by AtContent upon notice given by one or more of the following means: though the Website at or after you login to your Payment Account (as such term defined below), by the email communication to the address provided by you when you register with AtContent, or by written mail communication to the address on record for your Payment Account, if any. Failure to provide or maintain accurate or current contact information by you will not avail you from responsibility to comply with this Terms of Service as amended from time to time. Such amended Terms of Service shall be effective upon notice as set out in preceding sentences. Please check the Terms of Service published on the Website regularly to ensure that You are aware of all terms governing Your use of this Website and Services. Also, specific terms and conditions may apply to specific content, products, materials, services or information contained on or available through this Website (the “AtContent’s Content”) or transactions concluded through this Website. Such specific terms may be in addition to these Terms of Service or, where inconsistent with these Terms of Service, only to the extent the content or intent of such specific terms is inconsistent with these Terms of Service, such specific terms will supersede these Terms of Service.
AtContent reserves the right to make changes or updates with respect to or in the Content of the Website or the format thereof at any time without notice. AtContent reserves the right to terminate or restrict access to the Website or any portion thereof for any reason whatsoever at its sole discretion.
Description of Services
AtContent, a new generation of content distribution and monetization services, offers high-quality tools (such as AtContent’s Widget) for use in your creative and business projects. AtContent through its Widget tool allows writers, content creators and providers to monetize their content by publishing and distributing it through third party sites (“Services”).
Warranties and Disclaimers
ALL CONTENT AND SERVICES, INCLUDING, WITHOUT LIMITATION, WIDGET ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ATCONTENT HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE SERVICES OR THE CONTENT. ATCONTENT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE OR SERVICES. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. ATCONTENT DOES NOT WARRANT THAT THE WEBSITE OR THE SERVERS OR ELECTRONIC COMMUNICATIONS SENT BY ATCONTENT ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except agreed by AtContent in writing, contractors, agents, dealers or distributors of AtContent or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR SITE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. ATCONTENT ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR IN CONNECTION WITH SERVICES. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ATCONTENT OR FROM THE WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
The Website may contain references to specific AtContent products and Services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.
You understand and agree that by using the Website and Services and products contained therein, You may be exposed to AtContent’s Content that You may find offensive, indecent or objectionable and that, in this respect, You use the Website, services and products at Your own risk.
IN NO EVENT SHALL ATCONTENT OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE OR THE ATCONTENT’S CONTENT, PRODUCTS, SERVICES (i.e. WIDGETS), THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS WEBSITE, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE ATCONTENT’S CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF ATCONTENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST ATCONTENT PERTAINING TO OR IN CONNECTION WITH THIS WEBSITE MUST BE COMMENCED AND NOTIFIED TO ATCONTENT IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.
Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to You.
YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO ATCONTENT IN CONNECTION WITH THE WIDGETS OR OTHER TOOLS OR SERVICE IS TRUE AND ACCURATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THE TERMS OF SERVICES; (iii) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THE TERMS OF SERVICE; (iv) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THE TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS; AND (v) YOUR MATERIALS, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT (“USER CONTENT”) THAT IS AVAILABLE TO END USERS OF THE SITE OR THIRD PARTY SITES AND THAT IS NOT PROVIDED BY ATCONTENT, OR WEBSITE DO NOT (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY, (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY, (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH, (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS, OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.
Term; Termination and Suspension.
The term of this Term of Services (“Term”) shall begin when You start using the Services and shall continue in perpetuity unless otherwise terminated by AtContent by written notice. AtContent expressly reserves the right to change, suspend or discontinue all the Service or portion thereof, at any time, and may terminate Your use of the Service at any time. Without prejudice to any other rights, this Terms of Services will terminate automatically if You fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Terms of Service, You must immediately cease using the Services including without limitation any use of AtContent’s trademarks, trade names, copyrights and other intellectual property.
Without limiting any other remedies, AtContent may limit, suspend, terminate, modify, or delete Payment Accounts (as such term defined below) or access to the Service or portions thereof if you are, or AtContent reasonably suspects that you are, failing to comply with any of this Terms of Service or for any actual or suspected illegal or improper use of the Service and/or Payment Accounts, with or without notice to you. Without limiting our other remedies, AtContent may limit, suspend or terminate the Service and Payment Accounts or portions thereof, prohibit access to our Websites, and AtContent’s Content, services and tools (i.e. Widget), delay or remove User Content, and take technical and legal steps to prevent users from accessing the Service if AtContent believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our terms or policies. Additionally, AtContent may, in appropriate circumstances and at our sole discretion, suspend or terminate Payment Accounts of users who may be repeat infringers of third party intellectual property rights or involved in fraudulent or otherwise illegal activities.
AtContent reserves the right to stop offering and/or supporting the Service or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, unless such suspension or termination is caused by AtContent, AtContent shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.
Termination of your Payment Account can include disabling your access to the Service or Payment Account or any part thereof including any User Content you submitted. In the event your Payment Account was terminated, AtContent will refund any portion of payment that you made or received as part of your distribution efforts of User Content (whether such User Content belongs to you or other users)_in connection with the Service within ninety (90) days of such termination, provided that AtConetent explicitly reserves the right to withhold or offset any amounts due to you, or require you to pay to AtContent within thirty (30) days of any invoice, that AtContent may incur as a result of fees and charges that arise in connection with the AtContent Service, refunds, chargeback, penalties and past due fees and charges.
UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE SERVICES IN ANY WAY.
Fee; Payments; Payment Terms.
All rights and privileges provided herein to You under this Terms of Service are subject to your compliance of all of the terms and conditions and payments of applicable fee, if any, to AtContent, provided however, that AtContent expressly reserves the right to provide the Services free of charge during the Term, and further provided, that AtContent, solely at its own discretion and upon termination of this Agreement, may elect to provide the same or similar Services for a fee.
Payment Terms and Payment Account
By creating an account on the Website, you agree to be bound by the following terms and conditions with respect to all aspects of your Payment Account (as defined below), including your use of Widget tool under your account (“Payment Terms”):
- To purchase, receive or make payments through the Website, you must be (i) legally capable of entering into a binding contract, and (ii) at least 18 years of age.
- You will need to establish and maintain an account with valid credit card information for Visa, MasterCard, or American Express or PayPal account to satisfy charges and payments related to the AtContent Services (“Payment Account”). You may update the credit card or payment information associated with your Payment Account at any time, provided the new credit card or payment information meets the requirements provided herein. By establishing a Payment Account, you hereby acknowledge and agree that: (i) you are a legal holder/owner of the bank account and/or credit card or other payment account to be charged upon payment, and you have full authority to authorize payments related to the Service; (ii) AtContent may automatically charge the Payment Account for fees and charges that arise in connection with the AtContent Service in accordance with the terms set forth herein; (iii) you will ensure that the credit card, payment information and other information that is requested as part of your Payment Account is current and accurate while the Payment Account remains active; (iv) AtContent is not liable for any penalties, overdraft, over the limit or other charges resulting from your failure to maintain sufficient funds or credit to satisfy fees and other charges associated with the Service; and (v) AtContent is authorized to maintain account information concerning your Payment Account and update your credit card or other payment information from applicable services provided by the Payment Card Industry (e.g., VISA’s Account Updater or MasterCard’s Automatic Payment Updater programs)in order to keep that payment information current.
- If the credit card or other payment information associated with your Payment Account is declined for any reason, we will provide you notice via email notification to the email address you have established within your Payment Account. You will have ten (10) days from the date of notification to provide a valid and acceptable form of payment to avoid cancellation of the Service. During that period, AtContent may attempt to charge the Payment Account to collect payment for past due fees and charges. If payment is not received within ten (10) days from the email notification, the Service (including, without limitation use of Widget) will be indefinitely suspended.
- You as either author or distributor of your User Content or distributor of the User Content of other users will be solely responsible for any refunds, chargeback, penalties and past due fees and charges in connection with distribution of that particular User Content.
YOU HEREBY EXPRESSLY AGREE THAT IF YOU DO NOT SET UP AND MAINTAIN PAYMENT ACCOUNT AS DESCRIBED ABOVE YOU WILL NOT BE ABLE TO NEITHER MAKE NOR RECEIVE PAYMENT IN CONNECTION WITH ANY SERVICES PROVIDED BY ATCONTENT ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, RECEIVING PAYMENTS AS DISTRIBUTOR OF OTHER ATCONTENT’S USERS USER MATERIALS.
Links to Other Sites and Third Party Materials
Copyright, trademark and all other proprietary rights in the Services (i.e. Widget) and/or AtContent’s Content (including but not limited to software, services, audio, video and text) rest with AtContent and/or its licensors. Unless otherwise specifically provided herein or authorized by AtContent in writing, all rights in the Services (i.e. Widget) and/or AtContent’ Content not expressly granted herein are reserved. Unless otherwise expressly provided herein, You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Services and/or AtContent’ Content. All copyright and other proprietary notices shall be retained on all reproductions.
AtContent hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties and User Content. All intellectual property interests of third parties and User Content referenced herein, including without limitation Third Party Material are the properties of their respective owners. AtContent disclaims any proprietary interests in the intellectual property rights other than their own.
The AtContent shall conspicuously display graphics that indicates that the Service is provided by AtContent under the guidelines that may be communicated to You from time to time by AtContent. Such attribution must provide a direct link to the Website or such other address as AtContent may designate from time to time.
You may from time to time provide suggestions, comments or other feedback to AtContent with respect to any product, material, software or information provided by AtContent (hereinafter “Feedback”). You agree that all Feedback is and shall be entirely voluntary and shall not, absent separate agreement, create any confidentiality obligation for AtContent. However, AtContent shall not disclose the source of any feedback without the providing party’s consent. AtContent shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to You. The foregoing shall not, however, affect either party’s obligations hereunder with respect to the information protected pursuant to any AtContent’s privacy policies posted on the Website.
Notice and Procedure for Making Claims of Copyright Infringement
If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide AtContent’s Copyright Agent the written information specified below. Please note that this procedure is exclusively for notifying AtContent and its affiliates that Your copyrighted material has been infringed.
- An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that You claim has been infringed upon;
- A description of where the material that You claim is infringing is located on the Website;
- Your address, telephone number, and email address;
- 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;
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
Our designated agent may be contacted as follows:
Designated Copyright Agent
IFFace, Inc. DBA AtContent
1900 Camden Ave, Suite 201
San Jose, CA 95124
Unlawful or Prohibited Use
You may not use the Website and/or Services (including without limitation, Widget) for any purpose that is unlawful, prohibited by these Terms of Service, or in any way interferes or attempts to interfere with the proper working of this Website and/or Services. You may not use this Website and/or Services in any manner that could damage, disable, overburden, or impair this Website and/or Services, or that interferes with any third party’s use and enjoyment of this Website and/or Services. You agree that You will not use any third-party software that intercepts, “mines,” or otherwise collects information from or through the Website and/or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by AtContent to all users of this Website and/or Services. You shall not institute, assist, or become involved in an attack upon any AtContent server or otherwise attempt to disrupt the AtContent servers. ANY ATTEMPT BY YOU TO DAMAGE ATCONTENT SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF ATCONTENT IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, ATCONTENT RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.
You hereby agree to indemnify and hold harmless AtContent, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of Your breach of these Terms of Service and/or User Content, including without limitation infringement by User Content of any third-party intellectual property and/or proprietary right, including, but not limited to, patent, trademark, copyright, trade secret, publicity and/or privacy.
Linking to the Website
Linking to the Website is permitted provided that You comply with the following rules. You must not imply that AtContent endorses or sponsors the linker or its site, any third party sites, User Content, products or services. You must not use AtContent’s intellectual property including but not limited to trademarks, trade names, copyrights without advance written permission from AtContent or as otherwise provided herein. Furthermore, You agree to remove the link at any time upon AtContent’s request.
These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to its principles of conflict of laws. You agree to the exclusive jurisdiction of the courts of the Commonwealth of Virginia for any claim or cause of action arising out of, or relating to or in connection with these Terms of Service or this Website, provided that such exclusivity does not apply to legal actions initiated or brought by AtContent.
AtContent does not bear any responsibility nor assumes any risks if by any reason a Service or the Website breach national law of any state. Those who access this Website or use the Services do so on their own initiative and are responsible for compliance with their national laws.
Copyright © 2011, IFFace, Inc. and its licensors. All rights reserved.
Date of Last Revision: January 31, 2012