Atmospheir Terms of Service
Thank you for using Atmospheir, which is owned and operated by Atmospheir Inc. Atmospheir reimagines the address book by providing each user with a personalized ID, with which they can create profiles that include multiple pieces of contact information and multiple social networks, and have choice over which profile(s) they share with each connection. The following Terms of Service govern your access and use of the Atmospheir and our content, website (the “Site”) and mobile application (the “App”), collectively (our “Services”) including any other applications that link to this agreement..
We take robust security measures wherever possible (including physical, electronic and procedural measures) to help safeguard your Personal Information from theft and unauthorized access and disclosure. Only authorized employees and third parties who have agreed to be bound by confidentiality restrictions are permitted to access Personal Information, and they may only do so for permitted and relevant business purposes. We use SSL encryption to transmit your sensitive Personal Information between your devices and our systems, and we use firewalls to help prevent unauthorized persons from gaining access to your Personal Information.
Passwords: Your account is protected by a password for your privacy and security; passwords are either set manually by the user or provided by the third party service that the user utilizes to create their Atmospheir account. You are responsible for safeguarding the password that you use to access the Services, and you agree not to disclose your password to any third party. You must prevent unauthorized access to your account, and information contained within, by selecting and protecting your password or third party service used to create your account appropriately and limiting access to your computer or device. You are responsible for maintaining the security of your account and profile, and you are fully responsible for all consequences and activities that occur under your account. If you lose a device, such as a laptop, desktop, or Smartphone, or a device is stolen containing your username and password, it is up to you to take all the steps necessary to protect yourself. Atmospheir will not be liable for any loss or corruption of your information, or for any costs or expenses associated with backing up or restoring any of your information. You are responsible for any activity using your account, whether or not you authorized and or were responsible for that activity. You must immediately notify us of any unauthorized uses of your account or any other breaches of security.
Age: You must be at least 13 years of age to make use of our service. Your use of our service constitutes you representing and warranting that you are ate least 13 years of age and, consequently, have the capacity, authority and right to enter, agree to and abide by our Terms of Service.
Void Where Prohibited: When you use our Service, you are responsible for ensuring that your use abides by all laws, rules and regulations applicable to you. These Terms become void, and your use of our Service becomes prohibited, when such use is in violation of laws, rules and regulations applicable to you.
Your Registration Information Must Be Accurate: All registration information you provide when creating an account must be accurate and truthful and you are required to update your information, when and where applicable, to ensure its continued accuracy and truthfulness.
Your Use of Our Service
Your Atmospheir ID: Registration for our service is completely optional, however, you will need to register with us and create an Atmospheir ID in order to make use of our Service. We reserve the right to revoke your Atmospheir at anytime without providing advanced notice and will supply you with a new Atmospheir ID if we do so.
Access: If you are accessing our Services by a mobile device, your wireless carrier may charge you fees for data, text messaging, and other wireless access or communications services. We do not guarantee that our mobile Services can be accessed through all wireless devices or service plans or are available in all geographical locations.
Use of Your Information: Your use of our Services involves providing us with personal information which you submit to Atmospheir (the “Information”). We require your permission to utilize, host, transmit and disclose your information in order to perform tasks which comprise our service. Some of these actions relate to product features that are visible to you, such as sending a notification to a user’s contacts; some of these actions relate to the data architecture we employ in order to administer our Services which are not visible to you. You hereby give us the permissions we require to take these actions in order to provide our Services. This permission also extends to trusted third parties, such as those who provide our hosting infrastructure, whom we engage in order to provide our Services.
Sharing Your Information. Our Services provide features that allow you to share your Information with fellow users. There are many things that users may do with that Information (for example, copy it or modify it). Please consider carefully what you choose to share and whom you share it with. Atmospheir has no responsibility for either activity and the consequences that arise of actions you take, such as sharing your information, on our platform.
Third Party Websites: Our Service may contain links to Third Party Websites which are not owned or controlled by Atmospheir. When you access a Third Party Website through our Service, you do so at your own risk. Atmospheir has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of any Third Party Websites. By using our Service, you expressly release and hold harmless Atmospheir from any and all liability arising from your use of any Third Party Website and data contained within.
Responsibility of Contributors: If you create a profile, “nudge” a fellow user, or otherwise transmit information (e.g. sharing your profile) on our Services (any such material, “Content”), you understand and agree that you are entirely responsible for such Content that is provided by you or through your account. This includes, for example, any personal information, such as your home address, your phone number, or any information you choose to make available about yourself on our Services. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR SERVICES.
Responsibility of Profile Visitors: You are solely responsible for your conduct, the content of your profile, and your communications with others while using the Services. We reserve the right to review your content and communications for compliance purposes, however, you acknowledge that Atmospheir has no obligation to monitor any information, yours or others’, placed on our Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of any information, yours or others’, or any other data that may be accessible during the use of our service.
Code of Conduct
Atmospheir is here to help users organize their lives, and we are proud of the trust placed in us. In exchange, we trust you to use our Services responsibly. Your use of our Service serves as warrant and representation that you agree that you will not user our Service in a manner that:
- Infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party
- Violates applicable laws and regulations and or involves participating in, or the facilitation of, illegal activities;
- Contains explicit or graphic descriptions or accounts of sexual acts or is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or tortuous
- Involves activity that is harmful to us or our customers, advertisers, affiliates, vendors, or anyone else;
- Impersonates any person or entity, including without limitation any employee or representative of Atmospheir
- Contains a virus, Trojan horse, worm, time bomb, or other harmful computer code, file, or program
- Uses any manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Service
- Attempts to decompile, reverse engineer, or otherwise attempt to obtain the source code of the Service
- Involves probing, scanning or testing our network for vulnerability
- Makes attempt to breach or otherwise circumvent any security or authentication measures
- Involves accessing or searching our Service by any means other than our publically supported interfaces
- Involves sending unsolicited communications, promotions or advertisements, or spam
- Involves sending altered, deceptive or false source-identifying information, including “spoofing” or “phishing”.
We can take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate without notice to you to prevent violations and to enforce this Agreement. Atmospheir reserves the right to change, suspend or discontinue our Service at any time, including the availability of any feature, database, or Content, for any reason we deem appropriate. Atmospheir also reserves the right to impose limits on certain features and services or restrict your access to parts or our Service in its entirety without notice or liability.
Use License & Proprietary Rights
Ownership: We, “Atmospheir Inc.”, and our licensors, own and retain all proprietary rights belonging to the Service (we own all the non-user and third-party generated content you encounter on our Service). The Service may contain copyrighted material (which can include text, graphics, slogans, tag lines and logos), trademarks, and other proprietary information which belongs to us and our licensors ( “Content”). Except for Content found in the public domain or for which permission has been granted, you may not copy, modify, publish, transmit, distribute, display, or sell any of our Content. The Content and the Service are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other applicable copyright laws. Other trademarks, service marks, graphics and logos used in connection with our Service may be the trademarks of other third parties. Your use of our Services in no way grants you any right or license to reproduce or otherwise use any of our trademarks, third-party trademarks, or any content developed by us or by third parties, except for the normal use of such marks as part of your authorized use of the Site, the Application, and/or our Services. All use of any such marks shall inure to the owner thereof.
Use License: Atmospheir has the sole authority and discretion to license our Application to users like yourself. Our license is also governed by the terms of the Licensed Application End User License Agreement found under "Terms of Service" in the iTunes Store for Applications (the “Other Agreements”). These Terms amend and supplement the Other Agreements and to the extent that these Terms contradict or are inconsistent with the Other Agreements, these Terms control and prevail. Subject to these Terms and for the sole and limited purpose of facilitating your use of the Service, we grant to you a limited, revocable, personal, non-commercial, non- exclusive license to (i) access and use the Service (including the Content contained therein), and (ii) install, access and use the Application on your personal mobile device.
Atmospheir Property and Feedback: These terms do not grant you any right, title, or interest in the Services or the content in the Services. While we appreciate feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you.
Termination by the user: You, the user, reserve the right to discontinue use of our service and terminate your account on our Service at any time, for any reason. To terminate your account, please send us an email at [email protected] with a termination request.
Termination by us: We, at our sole discretion, may terminate your account on our Service for any reason or no reason, which may result in the forfeiture and destruction of all information associated with your account. We are not required to provide you with advanced notice prior to terminating your account. We are not required to disclose a reason for the termination of your account.
Disclaimers and Limitations.
Disclaimer of Warranties. WE SUPPLY THE SERVICES “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WE DO NOT WARRANT OR GUARANTEE THAT ANY INFORMATION AVAILABLE USING OUR SERVICES IS ACCURATE OR RELIABLE OR YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERROR. WE, OUR SUPPLIERS, AND AUTHORIZED DISTRIBUTORS GIVE NO EXPRESS WARRANTIES OR GUARANTEES NOR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, WORKMANLIKE EFFORT, AND NON-INFRINGMENT. YOUR ONLY REMEDY FOR ANY DEFECTIVE SOFTWARE IS REPLACEMENT OF THE SOFTWARE. IN ANY OTHER DISPUTE WITH US, YOUR ONLY REMEDY IS TO STOP USING YOUR ACCOUNT.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ATMOSPHEIR, IT’S OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR WITH RESPECT TO THE SERVICE, INCLUDING ALL CONTENT, THE WEBSITE AND THE APPLICATION, OR THE SUBJECT MATTER OF THIS AGREEMENT, FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, COST OF PRODURMENT OF SUBSTITUTE GOODS OR SERVICE, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, THE SITE, AND/OR OTHER SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TOS, THE APPLICATION, THE SITE, AND/OR OTHER SERVICES WILL NOT EXCEED TWENTY DOLLARS ($20). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ALL SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification. You agree to indemnify, defend and hold harmless, Atmospheir, Inc, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or of any applicable law by you, or due to or arising out of (i) the data or content you submit, post, transmit, distribute, publicize or otherwise make available through the Application and/or the Site, or (ii) any of your actions when using the Application, the Site and/or other Services. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
Jurisdiction and Choice of Law: There Terms and the use of our Service and software will be governed by Delaware law. If there is any dispute arising out of the Service, by using the Service you expressly agree that any such dispute shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Delaware, Kent County for the resolution of any such dispute.
Modifications. We may revise these Terms from time to time. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you may at any time stop using the Services.
Entire Agreement: These Terms contain the entire agreement between you and us regarding the use of the Service and supersede and replace any other agreements, terms and conditions applicable to the Services
Severability: If any provision of these Terms is held to be invalid, illegal or unenforceable in any respect, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
Survival: Even after your access to the Service is terminated, or your use of the Service discontinues, these Terms will remain in effect. All terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.
Waiver: Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will do so in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver, provided by one of our authorized representatives.
Headings: The section and paragraph headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
No Third Party Beneficiaries: You agree that, except as otherwise expressly provided in these Terms there shall be no third party beneficiaries.
Relationship of the Parties: You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.
Apple Device and Application Terms
In the event you are accessing the Service via an Application on a device provided by Apple, Inc. (“Apple”) or an Application obtained through the Apple App Store, the following shall apply:
- Both you and Atmospheir acknowledge that these Terms are concluded between you and Atmospheir only, and not with Apple, and that Apple is not responsible for the Application or the Content;
- The Application is licensed to you on a limited, non-exclusive, non-transferrable, non- sub-licensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Service;
- You will only use the Application in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this Application;
- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- You acknowledge and agree that Atmospheir, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
- You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Atmospheir, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and Atmospheir acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- Both you and Atmospheir acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
If you have any questions, complaints, or claims with respect to the Service, you may contact us at [email protected].