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Terms & Conditions

  1. AGREEMENT
    1. This Terms of Use Agreement ("Agreement") is made by and ATOMICME, INC, a Delaware corporation, with offices at 9107 Wilshire Blvd. Suite #450 Beverly Hills, CA 90210 ("ATOMICME") and you ("you," "your" or "User"). This Agreement contains the terms and conditions that govern your use of this Web Site, www.atomicme.com (the "Site").
    2. BY CLICKING THE "I AGREE" BUTTON OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS SITE, OR OTHER SOFTWARE, SERVICES, WEBSITES OR ANY OF ATOMICME'S LICENSEES' SERVICES OR SOFTWARE (COLLECTIVELY "SERVICES"), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS SITE.
    3. ATOMICME RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT AND POLICIES IN ATOMICME'S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE "TERMS OF USE" HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE SITE.
    4. Eligibility. In consideration of your use of the Services, you represent that (a) you are at least 18 years old and are of legal age to form a binding contract, or have the permission of a legal guardian or parent, and (b) are not a person barred from receiving services under the laws of your jurisdiction.
  2. DEFINITIONS
    All user-supplied information, materials, files, widgets, communications, documents, videos, audio files, and photographs posted by you or another Site user on the Site pages are referred to collectively as "User Content." "ATOMICME Content" means all Materials and content provided by ATOMICME. User Content and ATOMICME Content may have different restrictions and conditions associated with them.
  3. CONTACTS, USER GROUPS AND USER CONTENT
    1. We enable you to manage the level of visibility of your User Content by designating the ATOMICME group/s that will have access to view such User Content. Each of your contacts will be characterized by you as (1) Friend, (2) Best Friend (3) Family (4) Colleague, or (5) Acquaintance (each a "User Group") or a combination of these User Groups, because you have the option to place an individual in multiple User Groups. This characterization or characterizations are made by both you and your contact when a connection is made on ATOMICME; the characterizations can be changed by you or your contact. When you upload or download User Content to your pages you may assign to such User Content the desired level of privacy by selecting the User Group/s that will have access to view and download such User Content or by placing such User Content on your fan page. Selecting "Fan" access to particular User Content will allow all Site visitors access to such User Content. Any comment, which can include, but is not limited to, text, photos, videos and widgets, on User Content which already has a privacy designation will, in most cases, not offer a privacy designation for that particular comment. ATOMICME reserves the right to change the User Groups and access settings at its sole discretion. Note that we may provide you with privacy settings tools to enable you to designate privacy levels for a particular type of uploaded or downloaded content, rather than having the item-by-item privacy designations dictate privacy for each particular type of item.
    2. We enable you to manage more than one user account and each individual account contains unique user pages which you may use to populate with User Content. When you create and populate your account pages you understand and agree to the following:
      • User Content posted to your user pages is public information and is available to everyone within the selected User Group/s assigned to the User Content.
      • If you collect information from users, you will obtain their consent, make it clear that you (and not ATOMICME) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
      • You take full responsibility for any sweepstakes, contest, competition or similar offering on your pages and must comply with federal, state and local laws.
      • You take full responsibility for any widgets or products offered or representations and claims made on your user pages.
      • Third party advertisements on your individual pages are prohibited.
      • You will restrict access to your pages as necessary to comply with all applicable laws and our terms and policies.
    3. You understand that ATOMICME reserves the right to restrict your usage of your accounts, to restrict the number of permitted accounts per individual or entity, to restrict the number of permitted pages per account, and to limit the amount and type of User Content on your account pages. ATOMICME may do so at any time and for any reason without prior notice to you. Also, ATOMICME reserves the right to terminate any account that remains inactive for six months or longer. In the event that ATOMICME terminates your account you may lose all information saved on your account, and ATOMICME will not be liable for such loss of information.
  4. ACCESS TO THIS SITE
    1. To access this Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this site will be correct, current, and complete.
    2. If ATOMICME believes the information you provide is not correct, current, or complete, ATOMICME has the right to refuse your access to this Site or any or all of its resources, and to terminate or suspend your access at any time.
    3. Some features on the Site may enable you to import data and content from other websites and locations. By making use of such features you represent that the content imported to this Site belongs to you and that such importation does not violate the intellectual property rights or other rights of a third party.
  5. RESTRICTIONS ON USE
    1. You may use this Site for purposes expressly permitted by this Site. As a condition of your use of the Site you warrant to ATOMICME that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of ATOMICME. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site.
    2. You agree to cooperate with ATOMICME in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. In addition, you may not use the Site in any manner which could disable, overburden, damage, or impair the Site or interfere with any other party's use and enjoyment of the Site.
    3. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Site.
  6. USE LIMITATION
    You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to Site (other than your own User Content).
  7. PROPRIETARY INFORMATION
    1. The content we provide on the Site is the proprietary information of ATOMICME or the party that provided or licensed the content to ATOMICME, whereby, and except as otherwise provided in this Agreement, such providing party retains all right, title, and interest in the content.
    2. User Content and ATOMICME Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of ATOMICME, except that you may print, view and play User Content and ATOMICME Content on the Site solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the User Content or ATOMICME Content.
    3. Modification or use of the ATOMICME Content except as expressly provided in these Terms of Use violates ATOMICME's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.
  8. HYPER-LINKS AND THIRD PARTY SERVICES
    1. ATOMICME may provide hyper-links on the Site to other sites which are not maintained by, or related to, ATOMICME. Hyper-links to such sites are provided as a service to you and are not sponsored by or affiliated with this Site or ATOMICME.
    2. ATOMICME has not reviewed any or all of such sites and is not responsible for the content of those sites. ATOMICME is not responsible for any form of transmission received from any hyper-linked site. Hyper-links are to be accessed at your own risk, and ATOMICME makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site.
    3. In addition to the content and Services offered by ATOMICME, this Site may also make available materials, information, and/or services provided by third parties (collectively, the "Third Party Services"). The Third Party Services may be governed by separate license agreements that accompany such services. We offer no guarantees and assume no responsibility or liability of any type with respect to the Third Party Services. You agree that you will not hold ATOMICME responsible or liable with respect to the Third Party Services or seek to do so.
  9. USE OF COMMUNICATION SERVICES AND CONTENT SUBMISSION
    1. The Site may contain forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, personal profiles, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community and/or with a particular User Group (collectively, "Communications Services"). You agree to use the Communication Services only to post, send and receive messages and to interact with other Site users. You agree that you will abide by federal, state and local law and will comply with the terms of use outlined in this Agreement when using the Communications Services.
    2. Among other actions, when using a Communication Service, you agree that you will not post, upload, send, submit, publish, or transmit in connection with this Site any material that:
      • you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
      • advocates illegal activity or discusses an intent to commit an illegal act;
      • is vulgar, obscene, pornographic, or indecent;
      • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
      • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
      • harvests or otherwise collects information about others, including e-mail addresses, without their consent;
      • violates any law or may be considered to violate any law;
      • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
      • falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded;
      • includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
      • disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this Site or any networks connected to this Site;
      • contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
    3. ATOMICME reserves the right to monitor use of this Site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. ATOMICME reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. ATOMICME also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination.
    4. Notwithstanding these rights, you remain solely responsible for the content of your submissions or communications. You acknowledge and agree that neither ATOMICME nor any third party that provides content to ATOMICME will assume or have any liability for any action or inaction by ATOMICME or such third party with respect to any submission or communication. ATOMICME cautions you against giving out any personally identifying information about yourself, your family or anyone else in any Communication Service. ATOMICME does not control or endorse the content, messages or information found in any Communication Service and, consequently, ATOMICME specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. The ATOMICME users are not authorized ATOMICME spokespersons, and their views do not necessarily reflect those of ATOMICME.
  10. SUBMISSIONS AND LICENSE TO ATOMICME FOR USER CONTENT
    1. You hereby grant to ATOMICME the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, monetize, translate, create derivative works from, distribute, perform, use for commercial purposes and display all User Content, remarks, suggestions, ideas, graphics, or other information communicated to ATOMICME through this site (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.
    2. ATOMICME will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, including for rights of publicity.
    3. ATOMICME will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, including for rights of publicity.
    4. ATOMICME will treat any personal information that you submit through this site in accordance with its Privacy Policy
  11. ADVERTISING PARTNERSHIP PROGRAM
    1. The ATOMICME Advertising Partnership Program is a revenue-sharing program that allows you, as the creator and producer of original content, whether in text, code, widget, audio, video or photograph form, to earn money from such User Content's popularity based on the number of unique visitors that visit your user page within a given timeframe. More specifically, you can earn revenue from relevant advertisements that are featured on your content pages. The program is based on advertising revenue that ATOMICME generates from visitors on your user page and you begin sharing revenues from such advertising revenue once you have attracted the Minimum Unique Visitors, as defined below, within a particular calendar month. For you to qualify for advertising revenue sharing all content featured and made available on your user page must comply with the terms of this Agreement and all federal, state and local laws.
    2. Participation in our Advertising Partnership Program does not restrict you from using and monetizing your User Content elsewhere.
    3. Once your user page in a particular ATOMICME account achieves the minimum of 100,000 unique visitors in any calendar month (the "Minimum Unique Visitors") you will be entitled to 30% of the net revenue your page generates under that user account in advertising revenue for ATOMICME during the month in which you attract the Minimum Unique Visitors, after deducting expenses attributable to that user account, including, but not limited to, server and maintenance costs. You will only share in revenue generated in a particular calendar month if you attract the Minimum Unique Visitors during that calendar month. ATOMICME will make payments at the end of every calendar quarter for your portion of advertising revenue generate in the preceding calendar quarter. To enable ATOMICME to make payments to you, you must set up a Paypal account. You are responsible for all taxes and related filings resulting from payments to you under this Agreement. You understand and agree that ATOMICME may change the terms of this Advertising Partnership Program at any time in its sole discretion with prospective effect.
    4. ATOMICME's Referral Program. When you refer an individual or entity that has no user account on the Site prior to the referral, you will be entitled to share in the revenue generated by advertising on the referred party's pages in accordance with the following:
      • Upon making a referral you must notify ATOMICME of your referral using the appropriate link/button on the Site.
      • ATOMICME will then send a message to the referred party to verify the referral.
      • You will receive no referral commissions for any revenue generated after 6 months from the date on which the referred party created an ATOMICME user account.
      • Your referral commission will be triggered only at such time that the referred party attracts the Minimum Unique Visitors in accordance with this Section 11.
      • All referral commissions are limited to, and apply only to, the first ATOMICME user account created by the referred party. You will receive no commissions for any secondary or subsequent accounts created by the party you refer.
      • If the above is satisfied, you will receive ten percent (10%) of net advertising revenue ATOMICME generates through the referred party's pages subject to the other terms of this Agreement, after deducting all expenses attributable to the referred party's user account, including, but not limited to, server and maintenance costs.
    5. You understand that we may change the definition of "Minimum Unique Visitors" and that we reserve the right to change any of the terms, including the payment terms, relating to the Advertising Partnership Program.
    6. ATOMICME may be used by you as a marketplace for your widgets. You may offer your widgets for sale on the Site, subject to the terms of this Agreement and any other policies we post on the Site in connection with the sale of widgets. You agree that ATOMICME will be entitled to 30% of any revenue you generate as a result of your sale of widgets on the Site. ATOMICME will remit to you 70% of the revenue generated through such transactions, and such payments shall be made at the end of every month for all generated revenue in the preceding month.
    7. Although the program may be referred to as the "Partnership" program, your participation in the program creates no legal partnership with ATOMICME or any other legal relationship except as expressly provided above.
  12. DIGITAL MILLENNIUM COPYRIGHT ACT
    If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may send the notification to Support@AtomicMe.com.
  13. DISCLAIMER
    1. You understand that ATOMICME cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for any reconstruction of any lost data. ATOMICME does not assume any responsibility or risk for your use of the Internet or this Site.
    2. Except as expressly provided otherwise in a written agreement between you and ATOMICME, this Site, and all content and Services accessible through this Site are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, ATOMICME makes no warranty that (i) the Services and content will meet your requirements; (ii) the Services and content will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services or content will be effective, accurate, or reliable; (iv) the quality of any Services or content obtained or accessible by you through the Site will meet your expectations; and (v) any errors in the Services or content obtained through the Site, or any defects in the Site, its Services or content, will be corrected.
    3. You understand and acknowledge that (i) ATOMICME does not control, endorse, or accept responsibility for any content, products, or services offered by any user through the Site; (ii) ATOMICME makes no representation or warranties whatsoever about any Site user, their content, products, or services; (iii) any dealings you may have with another User on or through the Site is at your own risk; and (iv) ATOMICME does not perform screening or verification in connection with user identify or credentials. As such, you are advised to use your discretion when interacting with other users.
    4. The use of the Services or the downloading or other use of any content through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. ATOMICME assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Services or content offered through the Site. No advice or information, whether oral or written, obtained by you from ATOMICME or through or from the Site shall create any warranty not expressly stated in these Terms of Use.
  14. LIMITATION ON LIABILITY
    ATOMICME, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF ATOMICME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM YOUR USE OF THE SITE OR RELATIONSHIP WITH ATOMICME. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ATOMICME AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO ATOMICME FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. NOTWITHSTANDING THE ABOVE, ATOMICME WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, PUNATIVE, ACTUAL, CONSEQUENTIAL OR OTHER DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF ANY USER CONTENT PROVIDED BY A SITE USER.
  15. TERMINATION OR RESTRICTION OF ACCESS
    ATOMICME reserves the right, in its sole discretion, to terminate your access to any or all of the Site and the related services or any portion thereof at any time, without notice.
  16. INDEMNITY
    You will indemnify and hold ATOMICME, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
  17. TRADEMARKS AND COPYRIGHTS
    Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of ATOMICME or the party that provided the trademarks, services marks, logos, and copyrighted works to ATOMICME. ATOMICME and any party that provided trademarks, service marks, logos, and copyrighted works to ATOMICME retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.
  18. SECURITY
    1. You will be responsible for the security of your password. ATOMICME will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that ATOMICME considers insecure, ATOMICME will be entitled to require the password to be changed and/or terminate your account.
    2. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, ATOMICME reserves the right to release your details to system administrators at other Sites in order to assist them in resolving security incidents. ATOMICME reserves the right to investigate suspected violations of these Terms of Use.
    3. ATOMICME reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing ATOMICME to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ATOMICME FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ATOMICME DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ATOMICME OR LAW ENFORCEMENT AUTHORITIES.
  19. MISCELLANEOUS
    1. These Terms of Use will be governed and interpreted pursuant to the laws of Delaware, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Delaware in connection with any dispute between you and ATOMICME arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in Delaware.
    2. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
    3. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ATOMICME as a result of this Agreement or use of the Site.
    4. These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and ATOMICME with respect to the Site.