Date of Last Revision: January 23, 2009
Welcome to ATL Peaches, a social utility that connects you with the people around you. The ATL Peaches service and network (collectively, "ATL Peaches" or "the Service") are operated by ATL Peaches, Inc. and its corporate affiliates (collectively, "us", "we" or "the Company"). By accessing or using our web site at www.atlpeaches.com or the mobile version thereof (together the "Site") or by posting a Share Button on your site, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of ATL Peaches. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Membership in the Service is void where prohibited. This Site is intended solely for users who are thirteen (13) years of age or older, and users of the Site under 18 who are currently in high school or college. Any registration by, use of or access to the Site by anyone under 13, or by anyone who is under 18 and not in high school or college, is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 13 or older and in high school or college, or else that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be promptedby any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for yourpersonal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
, ATL PEACHES, THE ATL PEACHES, and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
You
understand that except for advertising programs offered by us on the
Site (e.g., ATL Peaches Flyers, ATL Peaches Marketplace), the Service
and the Site are available for your personal, non-commercial use only.
You represent, warrant and agree that no materials of any kind submitted
through your account or otherwise posted, transmitted, or shared by you
on or through the Service will violate or infringe upon the rights of
any third party, including copyright, trademark, privacy, publicity or
other personal or proprietary rights; or contain libelous, defamatoryor
otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
Without limiting any of the foregoing, you also agree to abide by our ATL Peaches Code of Conduct that provides further information regarding the authorized conduct of users on ATL Peaches.
You
are solely responsible for the photos, profiles (including your name,
image, and likeness), messages, notes, text, information, music, video,
advertisements, listings, and other content that you upload, publish or
display (hereinafter, "post") on or through the Service or the Site,
ortransmit to or share with other users (collectively the "User
Content"). You may not post, transmit, or share User Content on the Site
or Service that you did not create or that you do not have permission
to post. You understand and agree that the Company may, but is not
obligated to, review the Site and may delete or remove (without notice)
any Site Content or User Content in its sole discretion, for any reason
or no reason, including User Content that in the sole judgment of the
Company violates this Agreement or the ATL Peaches Code of Conduct, or
which might be offensive, illegal, or that might violate the
rights,harm, or threaten the safety of users or others. You are solely
responsible at your sole cost and expense for creating backup copies and
replacing any User Content you post or store on the Site or provide to
the Company.
When you post User Content to the Site, you
authorize and direct us to make such copies thereof as we deem necessary
in order to facilitate the posting and storage of the User Content on
the Site. By posting User Content to any part of the Site, you
automatically grant, and you represent and warrant that you have the
right to grant, to the Company an irrevocable, perpetual, non-exclusive,
transferable, fully paid, worldwide license (with the right to
sublicense) to use, copy, publicly perform, publicly display, reformat,
translate, excerpt (in whole or in part) and distribute such User
Content for any purpose, commercial, advertising, or otherwise, on or in
connection with the Site or the promotion thereof, to prepare
derivative works of, or incorporate into other works, such User Content,
and to grant and authorize sublicenses of the foregoing. You may remove
your User Content from the Site at any time. If you choose to remove
your User Content, the license granted above will automatically expire,
however you acknowledge that the Company may retain archived copies of
your User Content. ATL Peaches does not assert any ownership over your
User Content; rather, as between us and you, subject to the rights
granted to us in these Terms, you retain full ownership of all of your
User Content and any intellectualproperty rights or other proprietary
rights associated with your User Content.
The Service includes certain services that are available via your mobile phone, including (i) the ability to upload content to ATL Peaches via your mobile phone (Mobile Uploads), (ii) the ability to receive and reply to ATL Peaches messages, to poke and receive pokes and to write wall posts using text messaging (Mobile Texts), (iii) the ability to browse ATL Peaches from your mobile phone (Mobile Web), and (iv) the ability to access certain ATL Peaches features through a mobile application you have downloaded and installed on your mobile phone (Mobile Client) (collectively the "Mobile Services"). We do not charge for these Mobile Services.However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding ATL Peaches and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your ATL Peaches account information to ensure that your messages are not sent to the person that acquires your old number.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the ATL Peaches website or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in our ATL Peaches Copyright Policy, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeate infringers as described herein in accordance with the Digital Millenium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent. Please see our ATL Peaches Copyright Policy for more information on how to report infringement of your copyright.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Company offers a feature whereby users of the Site can share with others or post to their own member profile, videos, articles and other Third Party Applications, Software or Content from, and/or links to, Third Party Sites through the Service (the "Share Service"). You acknowledge and agree that your use of the Share Services and all links, User Content or Third Party Applications, Software or Content shared through the Share Service is subject to, and will fully comply with the user conduct rules set forth above and the other terms and conditions set forth in these Terms of Use.
Subject
to the terms and conditions of these Terms of Use, Third Party Sites
that meet the requirements set forth below may place a Share Link (as
described below), in the form approved by Company, on pages of their web
sites to facilitate use of the Share Service. A Third Party Site that
posts a Share Link on its web site is referred to herein as an "Online
Content Provider" and shall abide and be subject to the applicable
sections of these Terms of Use. A "Share Link" is a button and/or a text
link appearing on an Online Content Provider's web page that, upon
being clicked by a user, enables us to launch a sharing mechanism
through which users can share with others or post to their own member
profile, links and content from that page.
In the event that the
Share Link is a button that contains any icons or other graphic images,
trademarks or other proprietary materials of the Company, Online Content
Provider is granted permission to use such images, trademarks or other
materials solely for the purpose of placing the Share Link on Online
Content Provider's site and solely in the current form provided by the
Company. In the event that the Share Link is a text link, it must
include the word "ATL Peaches" as part of the link. The rights granted
in this paragraph may be revoked by Company at any time with or without
cause in its sole discretion, and upon such termination, Online Content
Provider agrees to immediately remove all Share Links from its site.
In
order for an Online Content Provider to include a Share Link on its
pages, the Third Party Site must not contain any web content that if
shared or posted by a user would be a violation of the user conduct
rules set forth above. Without limiting the forgoing, Online Content
Provider agrees not to post a Share Link on any web site that contains,
and represents and warrants that such web site does not and will not
contain, any content that is infringing, harmful, threatening, unlawful,
defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd,
fraudulent, or invasive of privacy or publicity rights or that may
expose Company or its users to any harm or liability of any type. Upon
including of a Share Link, Online Content Provider agrees to defend,
indemnify and hold the Company, its subsidiaries and affiliates, and
each of their directors, officers, agents, contractors, partners and
employees, harmless from and against any loss, liability, claim, demand,
damages, costs and expenses, including reasonable attorney's fees,
arising out of or in connection with such Share Link, any links, content
or other items or materials which may be shared or posted through such
Share Link, or any breach or alleged breach of the foregoing
representations and warranties.
By including a Share Link, Online
Content Provider automatically grants, and represents and warrants that
it has the right to grant, to the Company an irrevocable, perpetual,
non-exclusive, transferable, fully paid, worldwide license (with the
right to sublicense) to use the Share Service in order to link to, use,
copy, publish, stream, publicly perform, publicly display, reformat,
translate, excerpt (in whole or in part), summarize, and distribute the
content, links and other materials of any kind residing on any web pages
on which Online Content Provider places the Share Link.
All listings posted on or through the ATL Peaches Marketplace service and all transactions conducted in connection therewith are subject to and governed by the ATL Peaches Marketplace Guidelines (the "Guidelines") as well as these Terms of Use. When you use ATL Peaches Marketplace in any manner you are agreeing to abide by and be subject to the Guidelines and the other applicable rules set forth in these Terms of Use. The Guidelines are subject to change without prior notice at any time, in the Company's sole discretion, so you should review the Guidelines each time you use ATL Peaches Marketplace. Parties to a transaction are solely responsible for all interactions with each other, for arranging for payment and the exchange of the goods or services purchased if applicable, and for the results and performance of any transaction or relationship entered into through ATL Peaches Marketplace. You acknowledge that ATL Peaches is not responsible or liable for any action or inaction of any party to a transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services as promised, or for any other aspect of the transaction. Any fees or payments collected by ATL Peaches applicable to ATL Peaches Marketplace are set forth on the Site, and all terms and conditions applicable to such fees are set forth in the ATL Peaches Terms of Sale However, please note that the Terms of Sale do not apply to your purchases of products or services from third parties through ATL Peaches Marketplace, as those transactions are strictly between you and the other party to the transaction. ALL USE OF ATL PEACHES MARKETPLACE IS PROVIDED "AS IS" AND AT YOUR OWN RISK.
The
ATL Peaches Platform is a set of APIs and services provided by ATL
Peaches that enable third-party developers ("Platform Developers") to
create websites and applications that retrieve data made available by
ATL Peaches and its users and/or that retrieve authorized data from
third-party sites for use on the ATL Peaches Site ("Platform
Applications")
Platform Developers may use the ATL Peaches
Platform and create Platform Applications only in accordance with the
terms and conditions set forth in an agreement entered into between ATL
Peaches and the Platform Developer ("Developer Terms"). Our standard
Developer Terms consist of the ATL Peaches Developer Terms of Service
and the related ATL Peaches Platform Application Guidelines We may from
time to time enter into separate agreements with certain third party
Platform Developers that contain different or additional terms, provided
however, that each such separate agreement will require the third party
Platform Developer to only display your information in accordance with
your ATL Peaches privacy settings. The standard Developer Terms are
subject to change without prior noticeat any time, in the Company's sole
discretion, so you should review these documents from time to time. ALL
USE OF THE ATL PEACHES PLATFORM ISPROVIDED "AS IS" AND AT YOUR OWN
RISK.
Users who install Platform Applications must agree to the
terms and conditions set forth in the Platform Application Terms of Use
("Application User Terms") and in these Terms of Use. The Application
User Terms are subject to change without prior notice at any time, in
the Company's sole discretion, so you should review these terms each
time you install an application and from time to time. Platform
Developers may require you to agree to their own terms of service,
privacy policies and/or other policies as a condition of using Platform
Applications. Platform Applications have not been approved, endorsed, or
reviewed in any manner by ATL Peaches, and we are not responsible for
your use of or inability to use any Platform Applications, including the
content, accuracy, or reliability of such Application and the privacy
practices or other policies of Developers. YOU USE SUCH PLATFORM
APPLICATIONS AT YOUR OWN RISK.
If you, your friends or members of
your network use any Platform Applications, such Platform Applications
may access and share certain information about you with others in
accordance with your privacy settings as further described in our
Privacy Policy Platform Developers are required to agree to restrictions
on access, storage and use of such information. However, while we have
undertaken contractual and technical steps to restrict possible misuse
of such information by such Platform Developers, we do not screen or
approve Developers, and we cannot and do not guarantee that all Platform
Developers will abide by such restrictions and agreements. Certain
actions you take through the Platform Applications may be displayed to
your friends in your profile, mini-feed and news feed, and you may
opt-out of displaying your Platform Application actions on the Privacy
Settings page. Please report any suspected misuse of information through
the ATL Peaches Platform as described in our Privacy Policy.
You may set your preferences for your news feed and mini-feed here.
ATL
Peaches Connect ("Connect") enables participating third party websites
to work just like ATL Peaches Platform applications. Once you allow a
third party website to connect with ATL Peaches, you will be able to use
your ATL Peaches login information to log into that website. The third
party website will be able to: generate and publish news feed and other
stories about actions you take on their website; access ATL Peaches
information related to you (including your profile information, friends,
and privacy settings) so you can use your ATL Peaches information on
the third party site; and allow you to interact with your friends on the
website. In order to make Connect possible, you agree to allow ATL
Peaches to check your ATL Peaches cookies when you are visiting
participating third party websites, and allow ATL Peaches to receive
information concerning the actions you take on those third party
websites. In addition, once you allow a participating third party
website to connect with ATL Peaches, you agree to allow ATL Peaches and
such third party website to generate and publish news feed and other
stories about actions you take on the website without any additional
permission. In the event you no longer want the third party website to
publish stories about you, you can always disable this feature by
changing your application settings.
When your friends connect
their ATL Peaches account with a participating third party website, ATL
Peaches Connect will enable them to find ATL Peaches friends that may
also be users of that third party website, and invite them to use
Connect as well. If you do not want your friends to be able to invite
you, you may change your privacy settings to disable this feature.
Connect
also gives you the ability to permit ATL Peaches and participating
third party websites to generate and publish news feed and other stories
about actions you have taken on such websites, even if you have not
gone through the Connect process. In such cases, you will be asked
whether you want to publish the story on ATL Peaches, and will be given
the opportunity to save your answer for future stories. In the event you
want to change your settings for that website, visit your application
settings.
Like Platform Applications, third party websites that
participate in Connect are required, among other things, to protect your
privacy consistent with your ATL Peaches privacy settings and ATL
Peaches's privacy policy.
ATL
Peaches Pages are special profiles used solely for commercial,
political, orcharitable purposes. You may not set up a ATL Peaches Page
on behalf of another individual or entity unless you are authorized to
do so. This includes fan ATL Peaches Pages, as well as ATL Peaches Pages
to support or criticize another individual or entity.
ATL
PEACHES DOES NOT PRE-SCREEN OR APPROVE ATL PEACHES PAGES, AND CANNOT
GUARANTEE THAT A ATL PEACHES PAGE WAS ACTUALLY CREATED AND IS BEING
OPERATED BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF A ATL
PEACHES PAGE. NOR IS ATL PEACHES RESPONSIBLE FOR THE CONTENT OF ANY ATL
PEACHES PAGE, OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS TAKEN ON
OR IN CONNECTION WITH ANY ATL PEACHES PAGE, INCLUDING HOW THE OWNER OF
THE ATL PEACHES PAGE COLLECTS, HANDLES, USES AND / OR SHARES ANY
PERSONAL INFORMATION IT MAY COLLECT FROM USERS YOU SHOULD BE CAREFUL
BEFORE PROVIDING ANY PERSONAL INFORMATION TO OR ENTERING INTO ANY
TRANSACTION IN CONNECTION WITH A ATL PEACHES PAGE.
In addition to
these Terms of Use, ATL Peaches Pages are subject to and governed by
certain Additional Terms Applicable to ATL Peaches Pages. The
Additional Terms Applicable to ATL Peaches Pages control in the event of
any conflict between them and the Terms of Use.
Please refer to our Terms of Sale for the terms, conditions and policies applicable to your purchase of products or services from Company. By ordering products or services from Company through the Site, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in Company's sole discretion so you should review the Terms of Sale each time you make a purchase.
You are solely responsible for your interactions with other ATL Peaches users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
We care about the privacy of our users. Click here to view the ATL Peaches's Privacy Policy. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.
The Company is not
responsible or liable in any manner for any User Content or Third Party
Applications, Software or Content posted on the Site or in connection
with the Service, whether posted or caused by users of the Site, by ATL
Peaches, by third parties or by any of the equipment or programming
associated with or utilized in the Site or the Service. Although we
provide rules for user conduct and postings, we do not control and are
not responsible for what users post, transmit or share on the Site and
are not responsible for any offensive, inappropriate, obscene, unlawful
or otherwise objectionable content you may encounter on the Site or in
connection with any User Content or Third Party Applications, Software
or Content. The Company is not responsible for the conduct, whether
online or offline, of any user of the Site or Service.
The Site
and the Service may be temporarily unavailable from time to time for
maintenance or other reasons. Company assumes no responsibility for any
error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or
unauthorized access to, or alteration of, User communications. The
Company is not responsible for any technical malfunction or other
problems of any telephone network or service, computer systems, servers
or providers, computer or mobile phone equipment, software, failure of
email or players on account of technical problems or traffic congestion
on the Internet or at any Site or combination thereof, including injury
or damage to User's or to any other person's computer, mobile phone, or
other hardware or software, related to or resulting from using or
downloading materials in connection with the Web and/or in connection
with the Service, including any Mobile Client software. Under no
circumstances will the Company be responsible for any loss or damage,
including any loss or damage to any User Content or personal injury or
death, resulting from anyone's use of the Site or the Service, any User
Content or Third Party Applications, Software or Content posted on or
through the Site or the Service or transmitted to Users, or any
interactions between users of the Site, whether online or offline.
THE
SITE, THE SERVICE (INCLUDING THE MOBILE SERVICES, THE SHARE SERVICE AND
THE MARKETPLACE SERVICE), ANY PLATFORM APPLICATIONS AND THE SITE
CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL
REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT
PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE
AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT
THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY
PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR
ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM
APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE,
YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH
SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO
DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU
UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT,
MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH
THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND
ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR
OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the
right to change any and all content, software and other items used or
contained in the Site and any Services and Platform Applications offered
through the Site at any time without notice. Reference to any products,
services, processes or other information, by trade name, trademark,
manufacturer, supplier or otherwise does not constitute or imply
endorsement, sponsorship or recommendation thereof, or any affiliation
therewith, by Company.
IN NO EVENT
WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR
ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST
DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM
APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED
THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO
YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION,
WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO
COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE
WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT
IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO
INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT
BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE
CAUSE OF ACTION.
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 MAY HAVE
ADDITIONAL RIGHTS.
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13, or under 18 and not in high school or college. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.
By visiting or using the Site and/or the Service, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.
YOU
AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD
TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO
THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL
DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS
OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF
THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION,
except that: (a) to the extent that either of us has in any manner
infringed upon or violated or threatened to infringe upon or violate the
other party's patent, copyright, trademark or trade secret rights, or
you have otherwise violated any of the user conduct rules set forth
above or in the Code of Conduct then the parties acknowledge that
arbitration is not an adequate remedy at law and that injunctive or
other appropriate relief may be sought; and (b) no disputes or claims
relating to any transactions you enter into with a third party through
the ATL Peaches Marketplace may be arbitrated.
Arbitration under
this Agreement shall be conducted by the American Arbitration
Association (the "AAA") under its Commercial Arbitration Rules and, in
the case of consumer disputes, the AAA's Supplementary Procedures for
Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the
"AAA Rules"). The location of the arbitration and the allocation of
costs and fees for such arbitration shall be determined in accordance
with such AAA Rules and shall be subject to the limitations provided for
in the AAA Consumer Rules (for consumer disputes). If such costs are
determined to be excessive in a consumer dispute, the Company will be
responsible for paying all arbitration fees and arbitrator compensation
in excess of what is deemed reasonable. The arbitrator's award shall be
binding and may be entered as a judgment in any court of competent
jurisdiction.
To the fullest extent permitted by applicable law,
NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY
OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM
INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS
ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim,
action or proceeding by you related in any way to the Site and/or the
Service (including your visit to or use of the Site and/or the Service)
be instituted more than three (3) years after the cause of action arose.
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.