Last updated: August 21, 2017
1. NO UNLAWFUL USE
You covenant and agree to cooperate promptly, openly and fully with ATK and its agents, attorneys and designees in connection with any investigation regarding any registration or the use of the Site, the Services and any information provided by ATK in connection therewith.
Each User must register with ATK with a valid email address. You agree to provide true, accurate and complete information during the registration process and promptly update your information with any changes as they occur. You agree not to impersonate any person or company or use a name that you are not authorized to use. If any information you provide is inaccurate, untrue or incomplete, without limiting any other remedies, ATK has the right to terminate your use of the Services and ATK, its agents, affiliates, attorneys, representatives and partners shall have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. You authorize ATK and its agents, affiliates, attorneys, representatives and partners to make any inquiries they consider necessary to validate your registration.
4. PORTAL REGISTRATION; SERVICE SUBSCRIPTION AGREEMENT
5. REGISTERED USER ACCOUNT, PASSWORD AND SECURITY
As part of the registration or account creation process, you will create login credentials by providing an email address and selecting a password. You also have to give us certain registration information, all of which must be accurate and updated. You must keep your login credentials strictly confidential, you may not allow anyone to use your registration, and you may not access the Site and/or the Services using any other person’s login credentials. ATK reserves the right to suspend and/or terminate your access at any time in its sole discretion. ATK shall not be responsible for losses incurred by Users as the result of their misuse of email addresses, passwords or their registration.
6. USER GENERATED CONTRIBUTIONS
ATK may invite you to chat, participate in or comment on blogs, message boards, online forums and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to us or via the Site, including without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and the Services and through third party websites. As such, any Contributions you transmit will be treated as non-confidential and non-proprietary. When you create or make available Contributions, you thereby represent and warrant that:
6.1. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contributions does not and will not infringe the proprietary rights, including but not limited to, the copyright, patent, trademark, trade secret or moral rights of any third party;
6.2. you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize us, the Site and other users of the Site to use your Contributions;
6.3. you have the written consent, release and/or permission of each and every identifiable individual person in your Contributions to use his or her name or likeness to enable inclusion and use of your Contributions in the manner contemplated by the Site;
6.4. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous or otherwise objectionable (as determined by us), do not ridicule, mock, disparage, intimidate or abuse anyone, do not advocate the violent overthrow of any government, do not incite, encourage or threaten physical harm against another, do not violate any applicable law, regulation or rule and do not violate the privacy or publicity rights of any third party;
6.5. your Contributions do not contain material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner, and do not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;
6.6. your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
7. CONTRIBUTION LICENSE
By posting Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to: (1) host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising or otherwise; (2) prepare derivative works of, or incorporate into other works, such Contributions; and (3) grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media or technology now known or hereafter developed, and includes our use of your name, company name and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos and personal and commercial images you provide. You agree to waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. You are solely responsible for your Contributions to the Site, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, to: (1) edit, redact or otherwise change any Contributions; (2) re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) pre-screen or delete any Contributions that are determined to be inappropriate.
8. SERVICE MODIFICATIONS
ATK may from time to time and at any time modify or discontinue, temporarily or permanently, any of or all of the Services with or without notice. ATK shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any Service, or any portion thereof.
9. PROPRIETARY RIGHTS
11. DISCLAIMER OF WARRANTIES AND LIABILITY
The data and information available on the Site and through the Services are for informational purposes only. It is impossible to collect all data and address all situations that may be applicable to all Users or Subscribers. You acknowledge and agree that due to the dynamic nature of the telecommunications market and the underlying data that you cannot and will not assume that the information through the Services is complete, reliable, or up to date and that ATK may have to alter its processes and analytics based on a myriad of factors that are out of its control. You bear the sole responsibility for evaluating the merits and risks associated with the use of any data, information, or content on this Site and the Services before making any decisions based on such data, information, or content. In exchange for using such data, information, or content, you agree not to hold ATK or any of its content providers liable for any possible claim for damages arising from any decision you make based on information made available to you through this Site or the Services.
ALL DATA, REPORTS, MATERIALS, INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE OR THE SERVICES (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. ATK DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR SERVICES ARE COMPLETELY SECURE. YOUR USE OF THE SITE OR SERVICES IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL ATK BE LIABLE FOR ANY DIRECT, LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF BARROW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Applicable law may not ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND IN SUCH CIRCUMSTANCES ATK SHALL HAVE THE LEAST AMOUNT OF LIABILITY PERMITTED BY LAW.
ATK’S MAXIMUM AGGREGATE LIABILITY TO YOU RELATED TO OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU TO ATK, IF ANY, HEREUNDER FOR THE PRIOR TWELVE (12) MONTH PERIOD OR A MAXIMUM OF TEN THOUSAND DOLLARS, WHICHEVER IS GREATER.
ATK reserves the right, in its sole discretion at any time, to terminate, change, suspend or discontinue any aspect of the Site and/or the Services and/or to remove any data, content and materials from the Site, with or without notice. ATK may restrict, suspend or terminate your access to the Site and/or the Services if ATK believes you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability.