Atmosphir - Terms of Service

Welcome to the Atmosphir ("Atmosphir") web site -- www.atmosphir.com ("Website") -- and any other web sites, features, content, applications or services owned or operated by Atmosphir (collectively, "Atmosphir"). This Terms of Service ("Terms" or "Agreement") is for the users, members, customers, and others who visit and use Atmosphir (collectively or individually, "Members").

The services hereunder are offered by Atmosphir, located at: 199 Fremont Street, Floor 12, San Francisco, CA 94105. You can also contact us through our Help Center.

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF Service. By accessing, browsing, using and/or REGISTERING FOR Atmosphir, you acknowledge that you have read, understood, and agree to be bound by the following terms, including ANY GUIDELINES AND FUTURE modifications (collectively, the "TERMS"). If you do not agree to these Terms, THEN please do not use Atmosphir.

1. Privacy Notice. Your privacy is important to Atmosphir. Atmosphirâs Privacy Notice is hereby incorporated into these Terms by reference. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.

In addition, never display any personal information that could be used to find you in the real, off-line, world in public, with strangers or people you just met -- for example, your mailing or home address or phone numbers
   2. Individual Features and Services. When using Atmosphir, you will be subject to any additional posted guidelines or rules including but not limited to Atmosphirâs Rules & Guidelines and the "Announcements" or "Stickies" found in the Atmosphir Forums, which are applicable to specific activities and features which may be posted from time to time (collectively referred to herein as the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.
   3. Modification of these Terms. Atmosphir reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time by posting a notice on the Website or by sending you an email. Please check these Terms and any Guidelines periodically for changes. Your continued use of Atmosphir after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on Atmosphir.
   4. Prohibited Conduct -- BY USING Atmosphir YOU AGREE not TO:
         1. "stalk", harass, threaten, or defraud other Atmosphir Members;
         2. send, post, or make available pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, deceptive, tortious, defamatory, libelous, or otherwise inappropriate or offensive content to other Atmosphir Members;
         3. make unsolicited or inappropriate offers, advertisements or proposals for goods, services or other commercial activities outside of Atmosphir, or send junk mail or chain letters to other Members;
         4. impersonate another person or access another Memberâs account without permission, or impersonate Atmosphir staff;
         5. fail to deliver payment for any purchases made on Atmosphir;
         6. share Atmosphir-issued passwords with a third party or encourage another Member to do so;
         7. misrepresent the source, identity, or content of information transmitted via Atmosphir, (such as claiming a created work as your own that is not actually yours) or otherwise infringing any trademark, copyright, right of publicity or other right of any other person or entity;
         8. use or encourage others to use Atmosphir for any illegal purpose;
         9. use site features for anything other than their intended purpose, including exploiting site glitches for personal gain;
        10. interfere with any security-related features of Atmosphir;
        11. intentionally interfere with the operation of Atmosphir or any Memberâs enjoyment of it, including intentionally posting inflammatory statements to get a reaction ("Trolling");
        12. post, request, or link to sexually explicit material or conduct;
        13. discuss, promote, or depict any form of child sexuality, abuse, exploitation, or related topics that may be harmful to or threaten the security of a child or minor;
        14. post or distribute any content that contains software viruses or other code intended to damage or interfere with any software, hardware, equipment, system, data, or other information of Atmosphir or any third party;
        15. decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of Atmosphir, except to the limited extent applicable laws specifically prohibit such restriction;
        16. use bots on the site; buy, sell or trade Atmos for non-Atmosphir items (including cash) or vice versa; or attempt to hack or scam other members;
        17. engage in any other conduct prohibited by our Rules and Guidelines.
   5. Eligibility; Account Information. Atmosphir is not available to persons under the age of 13 or to any Members suspended or removed from Atmosphir by Atmosphir.. You agree that the information you provide to Atmosphir during Member registration and, at all other times, will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. Atmosphir may, in its sole discretion, refuse to offer Atmosphir to any person or entity. Atmosphir may change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access Atmosphir is revoked in such jurisdictions.
   6. Password. When you register as a Member you will be asked to provide a password. As you will be responsible for all activities that occur within your account, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your password, or any credit, debit or charge card number), you will immediately notify Atmosphir. You may be liable for the losses incurred by Atmosphir or others due to any unauthorized use of your account.
   7. Ownership; Proprietary Rights. Atmosphir is owned and operated by Atmosphir Interactive Inc.. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of Atmosphir provided by Atmosphir, including without limitation any artwork, Atmosphir virtual items, Atmos, Member Submissions, Atmosphir Member Online Accounts or User IDs, or visual art and any combination thereof (all of the foregoing, collectively, the "Materials") are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Member Submissions, which are owned by and provided by our Members, all Materials contained on Atmosphir are the property of Atmosphir or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Atmosphir or its affiliates and/or third-party licensors. Except as expressly authorized by Atmosphir, you agree not to buy, sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized or commercial use of the Materials. You agree to abide by all copyright notices, information and restrictions contained in any Materials.
   8. Member Submissions.
         1. Definition of Member Submissions. Atmosphir may now or in the future permit submissions by you and other Members("Member Submissions"), and the hosting, sharing and/or publishing of such Member Submissions. You understand that whether or not such Member Submissions are published, Atmosphir does not guarantee any confidentiality with respect to any Member Submissions.
         2. Ownership, Limited License Grants.Memberâs retain all ownership rights in their Member Submissions. Click here for Atmosphirâs explanation of this Section 8.2.
               1. Limited License Grant to Atmosphir. By submitting Member Submissions to Atmosphir, you hereby grant to Atmosphir, solely as necessary to provide the features and functionality of the part(s) of Atmosphir within which you choose to make your Member Submissions available, a worldwide, non-exclusive, perpetual, irrevocable, assignable, sublicensable, fully paid-up, and royalty-free license to use, modify, display, reproduce, distribute and perform (if applicable), prepare derivative works of and otherwise fully exploit ("Use") your Member Submissions within Atmosphir in any media formats and through any media channels, and to reformat, excerpt or translate any Member Submissions. This license does not grant Atmosphir the right, except in providing the Atmosphir service, to use your Member Submissions for any other commercial purposes.
               2. Limited License Grant to other Atmosphir Members. By submitting Member Submissions to Atmosphir, in cases where you display your Member Submissions for other Members to view, or when you directly exchange or otherwise provide your Member Submissions to other Members as permitted by certain Atmosphir functionality and these Terms, you hereby grant to such Members of Atmosphir a non-exclusive license to Use your Member Submissions solely as necessary for such Members to participate in the relevant Atmosphir functionality or activity.
         3. Required Rights in Member Submissions. You shall be solely responsible for your own Member Submissions and the consequences of posting or publishing them. In connection with Member Submissions, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to Use and to authorize Atmosphir and Atmosphirâs Members to Use your Member Submissions as necessary to exercise the license granted by you in Section 8.2 above; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in any Member Submissions to use the name or likeness of each and every such identifiable individual person, to enable inclusion and use of the Member Submissions in the manner contemplated by Atmosphir and these Terms and (iii) you will pay all royalties and other amounts owed to any person or entity due to your Use of any Member Submissions on Atmosphir.
         4. Member Submissions Representations. In connection with Member Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Atmosphir all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Atmosphir or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person, or (vi) engage in any other activity that is prohibited by these Terms.
         5. Member Submissions Disclaimer. You understand that when using Atmosphir you will be exposed to Member Submissions from a variety of sources, and that Atmosphir is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Member Submissions. You further understand and acknowledge that you may be exposed to Member Submissions 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 Atmosphir with respect thereto, and agree to indemnify and hold Atmosphir, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of Atmosphir. Atmosphir does not endorse any Member Submission or any opinion, recommendation or advice expressed therein, and Atmosphir expressly disclaims any and all liability in connection with Member Submissions. If notified by a Member or a content owner of a Member Submission that allegedly does not conform to these Terms, Atmosphir may investigate the allegation and determine in good faith and in its sole discretion whether to remove the Member Submission, which it reserves the right to do at any time. Atmosphir has the right, but not the obligation, to monitor Atmosphir, and Atmosphir may remove any Member Submission at any time for any reason. For clarity, Atmosphir does not permit copyright infringing activities on Atmosphir.
   9. Messaging and Chat
         1. You are welcome to post, transmit or submit chat and messages (collectively "Messages") within, or in connection with, Atmosphir. Atmosphir accepts no responsibility whatsoever in connection with or arising from such Messages. Atmosphir does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not reviewed by Atmosphir prior to posting and do not necessarily reflect the opinions or policies of Atmosphir. Atmosphir makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, Atmosphir reserves the right to prevent Members from submitting content to Forums and to edit, restrict or remove such Messages for any reason at any time.
         2. Atmosphir assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time Atmosphir chooses, in its sole discretion, to monitor the Forums, Atmosphir nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the Member submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that Atmosphir accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages.
  10. Prohibited Uses.
         1. Access to the Materials from territories where their contents are illegal is prohibited. Those who choose to access Atmosphir from locations outside of the United States do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Members visiting Atmosphir from countries outside of the United States must agree to abide by all local rules regarding online conduct and acceptable content.
         2. Any use of Atmosphir other than for private, non-commercial use is strictly prohibited. As a condition of your use of Atmosphir, you will not use Atmosphir for any purpose that is unlawful or prohibited by these Terms. You may not use Atmosphir in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other partyâs use and enjoyment of Atmosphir. You may not attempt to gain unauthorized access to Atmosphir, or any part of them, other accounts, computer systems or networks connected to Atmosphir, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of Atmosphir or any activities conducted on Atmosphir. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through Atmosphir. You agree neither to modify Atmosphir in any manner or form, nor to use modified versions of Atmosphir, including (without limitation) for the purpose of obtaining unauthorized access to Atmosphir.
         3. Atmosphir may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access Atmosphir for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Atmosphir.
  11. DMCA Notifications. It is Atmosphirâs policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For more information, please go to Atmosphirâs DMCA Notification Guidelines. Atmosphir will terminate without notice any Memberâs access to Atmosphir, if that Member is determined to be a "repeat infringer." A repeat infringer is a Member who has been notified by Atmosphir of infringing activity violations more than once and/or who has had a Member Submission removed from Atmosphir more than once.
  12. Atmos, Virtual Currency. Throughout your Atmosphir experience, you may accumulate "Atmos," which constitutes a limited license right to use a feature of Atmosphir when, as, and if allowed by Atmosphir. Atmos is the fictional currency used in the world of Atmosphir and it may be used to purchase virtual goods or virtual services which are stored in the Memberâs inventory and can be used to enhance the look of the Memberâs on-line persona or player, also known as an "Avatar", or other on-site features. Atmosphir may charge fees for the right to use Atmos, or may distribute Atmos without charge, in its sole discretion. Regardless of terminology used, Atmos represents a limited license right governed solely under these Terms, has no real value, and is not transferable or redeemable for any sum of money or monetary value from Atmosphir at any time. You agree that Atmosphir has the absolute right to reduce, manage, regulate, control, modify and/or eliminate Atmos as it sees fit in its sole discretion, and that Atmosphir will have no liability to you based on its exercise of such rights. Notwithstanding any other language to the contrary, as used in these Terms and throughout Atmosphir in the context of Atmos transfers: (a) the term "sell" means "to transfer for consideration to another Member or Atmosphir the licensed right to use Atmos in accordance with these Terms" and (b) the term "buy" means "to receive for consideration from another Member or Atmosphir the licensed right to use Atmos in accordance with these Terms." Atmosphir may halt, suspend, discontinue, or reverse any Atmos transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of these Terms or other laws or regulations, or deliberate disruptions to or interference with Atmosphir, such as creating multiple secondary accounts strictly to accumulate Atmos by using site features and then funneling it to a singular account.
  13. Fees and Payment Terms. Atmosphir may charge fees for certain features. Should you elect to use such features, you shall pay all applicable fees, as described on the Website. Atmosphir reserves the right to change its fees at any time, and will provide notice upon the site. Use of Atmosphir by you following such notification constitutes your acceptance of any new or increased charges. If you purchase a Monthly collectible, buy "Atmosphir Cash" to purchase virtual merchandise or services, or otherwise buy products or services from Atmosphir, then you agree to pay for any such purchases, Atmosphir Cash, products and services and we may charge your selected payment method to collect any such payments. You are required to keep your billing information current, complete, and accurate (such as a change in billing address, credit card number or expiration date) and notify Atmosphir if your selected payment method is cancelled or compromised (e.g., for loss or theft).

You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family, or friends). If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You are also responsible for paying any governmental taxes imposed on your purchase from or use of Atmosphir, including, but not limited to, sales, use or value-added taxes. To the extent Atmosphir is obligated to collect such taxes, the applicable tax will be added to your billing account.

14. Third-Party Sites, Products and Services; Links
         1. Atmosphir may include links to other web sites or services solely as a convenience to Members ("linked sites"). Atmosphir does not endorse any such linked sites or the information, material, products, or services contained on other linked sites or accessible through other linked sites. Furthermore, Atmosphir makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk, and you acknowledge that Atmosphir shall not be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of any linked site.
         2. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Atmosphir are solely between you and such advertiser. You agree that Atmosphir will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Atmosphir.
         3. If you opt in to connect your Atmosphir account and data with Facebook (through the Facebook Connect feature) or with any other third party networking (or other) site, that data may become public through the other site.
  15. Violations; Termination. You agree that Atmosphir, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Atmosphir or your use of Atmosphir and remove and discard all or any part of your account including its inventory of any virtual items, Atmos, Atmosphir Cash Member profile, or any Member Submission, at any time. As all items, Atmos, Atmosphir Cash, and other aspects of your account are considered to be licensed to you for your use while your account is in good standing, all of the previous are considered to be forfeit when the account is banned or otherwise terminated. Any fees paid hereunder are non-refundable. Atmosphir may also in its sole discretion and at any time discontinue providing access to Atmosphir, or any part thereof, with or without notice. You agree that any termination of your access to Atmosphir or any account you may have or portion thereof may be effected without prior notice, and you agree that Atmosphir shall not be liable to you or any third party for any such termination. As discussed herein, Atmosphir does not permit copyright infringing activities on Atmosphir, and reserves the right to terminate access to Atmosphir, and remove all content submitted, by any Members who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Atmosphir may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Atmosphir may have at law or in equity.
  16. Disclaimers; No Warranties. You acknowledge that Atmosphir has no control over, and no duty to take any action regarding: which users gain access to Atmosphir; what Materials you access via Atmosphir; what effects such Materials may have on you; how you may interpret or use such Materials; or what actions you may take as a result of having been exposed to such Materials. Atmosphir may contain links to websites containing information that some people may find offensive or inappropriate. You release Atmosphir from all liability for you having acquired or not acquired Materials through the Website.

ATMOSPHIR AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH ATMOSPHIR ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ATMOSPHIR, ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

ATMOSPHIR, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ATMOSPHIR WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ATMOSPHIR OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ATMOSPHIR, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ATMOSPHIR IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT ATMOSPHIR NOR ITS SUPPLIERS, LICENSOR OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF ATMOSPHIR AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

17. Indemnification; Hold Harmless. You agree to indemnify, save, and hold Atmosphir, its affiliated companies, and its suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including attorneysâ fees, arising out of your use or misuse of Atmosphir, violation of these Terms, violation of the rights of any other person or entity, or any breach of the representations, warranties, and covenants made by you herein. Atmosphir reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Atmosphir, and you agree to cooperate with Atmosphirâs defense of these claims.
  18. Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL ATMOSPHIR OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS ON ATMOSPHIR, OR ANY OTHER INTERACTIONS WITH ATMOSPHIR, EVEN IF ATMOSPHIR OR A ATMOSPHIR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ATMOSPHIRâS LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT WILL ATMOSPHIR OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF ATMOSPHIR, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER ATMOSPHIR MEMBERS, (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ATMOSPHIR DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN ATMOSPHIR AND RECEIVED THROUGH OR ADVERTISED ON ATMOSPHIR OR RECEIVED THROUGH ANY LINKS PROVIDED ON ATMOSPHIR.

19. Miscellaneous.
         1. Notice. Notice. Except as explicitly stated otherwise, legal notices will be served on Atmosphirâs national registered agent or to the email address you provide to Atmosphir during the registration process. Notice will be deemed given twenty-four hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through Atmosphir. In such case, notice will be deemed given three days after the date of mailing.
         2. Waiver. The failure of Atmosphir to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Atmosphir.
         3. Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
         4. Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or Atmosphir will be filed only in the state or federal courts in and for Santa Clara County, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
         5. Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
         6. Assignment. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Atmosphir without restriction.
         7. Survival. Sections 7 and 14 through 19 will survive any termination of these Terms.
         8. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
         9. Entire Agreement. This is the entire agreement between you and Atmosphir relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Atmosphir as set forth in Section 3 above.
        10. Claims. YOU AND ATMOSPHIR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ATMOSPHIR MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
        11. Disclosures. The services hereunder are offered by Atmosphir, located at: 199 Fremont Street, Floor 12, San Francisco, CA 94105. You can also contact us through our Contact Us webform. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

Disclaimer & Copyrights:

Minor Studios LLC, and all affiliated developers of Atmosphir will not be held responsible for (1) any content generated by Atmosphir users/members or (2) content that exists through any links posted on the Atmosphir website.

Atmosphir - Terms of Service

Registration

This is a Warning Message!

Undefined

Atmosphir - Terms of Service

Login

Go to the login page

Username:

Password:

Registration

This is a Warning Message!

Undefined