Wednesday, July 30, 2014
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Terms & Conditions

This agreement was written in English (UK). Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities ("Statement") derives from and governs our relationship with users and others who interact with Attinis. By using or accessing Attinis you agree to this Statement.

Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use Attinis to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

Sharing Your Content and Information

You own all of the content and information you post on Attinis. For content that is covered by intellectual property rights, like photos and video ("IP content"), you specifically give us the following permission, subject to your, you grant us a non-exclusive, transferable, sub-lcensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Attinis ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others). When you publish content or information, it means that you are allowing everyone, including people off of Attinis, to access and use that information, and to associate it with you (i.e., your name and profile picture).

We always appreciate your feedback or other suggestions about Attinis, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

Safety

We do our best to keep Attinis safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

  • You will not send or otherwise post unauthorized commercial communications
(such as spam) on Attinis.
  • You will not collect users' content or information, or otherwise access Attinis, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
  • You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Attinis.
  • You will not upload viruses or other malicious code.
  • You will not solicit login information or access an account belonging to someone else.
  • You will not bully, intimidate, or harass any user.
  • You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  • You will not offer any contest, giveaway, or sweepstakes ("promotion") on Attinis without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow all applicable laws. You will not use Attinis to do anything unlawful, misleading, malicious, or discriminatory.
  • You will not do anything that could disable, overburden, or impair the proper working of Attinis, such as a denial of service attack.
  • You will not facilitate or encourage any violations of this Statement.

Registration and Account Security

Attinis users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  • You will not provide any false personal information on Attinis or create an account for anyone other than yourself without permission.
  • You will not create more than one personal profile. If we disable your account, you will not create another one without our permission.
  • You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
  • You will not use Attinis if you are under 13.
  • You will not use Attinis if you are a convicted sex offender.
  • You will keep your contact information accurate and up-to-date.
  • You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. You must keep your password and sign-on credential confidential, and are responsible for all use of your password and account.
  • You will not transfer your account (including any pages) to anyone without first getting our written permission. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name)

Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.

  • You will not post content or take any action on Attinis that infringes or violates someone else's rights or otherwise violates the law.
  • We can remove any content or information you post on Attinis if we believe that it violates this Statement.
  • If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
  • If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
  • You will not use our copyrights or trademarks (including Attinis the Attinis and Attinis Character Logo) or any confusingly similar marks, without our written permission.
  • If you collect information from users, you will: obtain their consent, make it clear you (and not Attinis) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
  • You will not post anyone's identification documents or sensitive financial information on Attinis

Fees: The Attinis services are free of charge, but Attinis reserves the right to charge fees for the Attinis Services upon notice to you. Additional terms and conditions may apply to for-free Attinis Services.

About Advertisements on Attinis

Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following We do not give your content or information to advertisers without your consent. You understand that we may not always identify paid services and communications as such.

Special Provisions Applicable to Advertisers

You can target your specific audience by buying ads on Attinis. When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available.

You will pay for your Orders in accordance with our payment terms. The amount you owe will be calculated based on our tracking mechanisms. Your ads will comply with our advertising guidelines. We will determine the size, placement, and positioning of your ads. We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.

We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.

You can cancel your Order at any time, but it may take up to 24 hours before the ad stops running. You are responsible for paying for those ads. Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ad, your ad may remain until the users delete it.

We can use your ads and related content and information for marketing or promotional purposes.

You will not issue any press release or make public statements about your relationship with Attinis without written permission. We may reject or remove any ad for any reason .If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following: You warrant that you have the legal authority to bind the advertiser to this Statement. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.

Termination

If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Attinis to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account.

Disputes

You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Attinis exclusively in a English Court. The laws of the United Kindgom will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

If anyone brings a claim against us related to your actions, content or information on Attinis, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

WE TRY TO KEEP ATTINIS UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING ATTINIS "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT ATTINIS WILL BE SAFE OR SECURE. ATTINIS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES

WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR ATTINIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR ATTINIS WILL NOT EXCEED THE GREATER OF ONE HUNDRED POUNDS (£100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. 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, ATTINIS' LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Disputes Between Users

You are solely responsible for your conduct. You agree that Attinis cannot be liable for any dispute that arises between you and any other user.

Risk of Harm

Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the Website and that you give to other Website users. You are discouraged from posting the following information on the Website: your full name, telephone numbers and street addresses. Despite this prohibition, other people?s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the Website. We expect that you will use caution and common sense when using the Website.

Term

This Agreement shall remain in full force and effect while you use the Website. You may terminate your use or participation at any time, for any reason, by ceasing use of the Website. Upon termination of your Website account for any reason, Attinis will close your account, and you will no longer be able to retrieve materials contained in the account. Even after your use and participation is terminated, this Agreement will remain in effect.

Modifications

The Internet and technology are rapidly changing. Accordingly, Attinis may modify this Agreement from time to time. Attinis will contact you if we do so, which is why it is important that you notify us immediately if your email address changes. If you are a registered user, you will be asked to click to accept the new Agreement the next time you log on to the site in order to be able to use the interactive portions of the Website. We will also put any revised versions of this Agreement on the Website with a notice advising of the change. It is therefore important that you regularly check the Website for any announcements about revisions and keep your contact information current to ensure you are informed of any changes.

Third Party Websites

The Website may contain links to other websites (?Third Party Websites?) and may permit you to post information on third party websites (such as MySpace, Facebook and You Tube). Attinis does not own or operate the Third Party Websites, and Attinis has not reviewed, and cannot review, all of the material, including goods or services, made available through Third-Party Websites. The availability of these links on the Website does not represent, warrant or imply that Attinis endorses any Third Party Websites or any materials, opinions, goods or services available thereby or thereon. Third party materials accessed through or used by means of the Third Party Websites may also be protected by copyright and other intellectual property laws.

The materials you post on Third Party Websites may be subject to those Third Party Websites?terms of use and other agreements. THIS AGREEMENT DOES NOT APPLY TO THIRD PARTY WEBSITES. BEFORE VISITING A THIRD PARTY WEBSITE BY MEANS OF THE WEBSITE OR A LINK LOCATED ON THE WEBSITE, USERS SHOULD REVIEW THE THIRD PARTY WEBSITE?S TERMS AND CONDITIONS, PRIVACY POLICY AND ALL OTHER WEBSITE DOCUMENTS, AND INFORM THEMSELVES OF THE REGULATIONS, POLICIES AND PRACTICES OF SUCH THIRD PARTY WEBSITES.

Special Provisions Applicable to Users Outside the United Kingdom ?We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United Kingdom: You consent to having your personal data transferred to and processed in the United Kingdom.

Disclaimers

ALL CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE WEBSITE, ATTINIS DO NOT REPRESENT OR IMPLY THAT ATTINIS ENDORSES ANY CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE WEBSITE, INCLUDING WITHOUT LIMITATION CONTENT HOSTED ON THIRD PARTY WEBSITES, OR THAT ATTINIS BELIEVES CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. ATTINIS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ATTINIS OR THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ATTINIS AND EACH OF ITS ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ATTINIS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT, THE CONTENT OF ANY WEBSITE LINKED TO THIS WEBSITE, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE WEBSITE OR LINKED TO BY THE WEBSITE. ATTINIS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

  • (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS
  • (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR SERVICES
  • (C)ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN
  • (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE
  • (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY
  • (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Limited Liability

IN NO EVENT SHALL ATTINIS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ATTINIS? LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED £100.

Liquidated Damages

You acknowledge and agree that spam is harmful to a site, service or network and causes injury, including damage to reputation and goodwill, which is difficult to measure. As a reasonable estimation of harm, you agree to pay Attinis £50 for each unsolicited commercial email or other unsolicited commercial communication that you send from, to or through the Website.

Indemnity

You agree to indemnify and hold Attinis, its subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys? fees, made by any third party due to or arising out of your use of the Website or distribution, posting or creation of Content or Materials in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

Miscellaneous

  • Entire Agreement

This Agreement constitutes the entire agreement between you and Attinis regarding the use of the Website and supersedes any prior or contemporaneous understandings and agreements between you and Attinis related to the subject matter hereof.

  • Independent Contractors

Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between Attinis and any user.

  • No Third Party Beneficiaries

This Agreement is between you and Attinis. There are no third party beneficiaries to the Agreement.

  • Non-Waiver

The failure of Attinis to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

  • Severability

This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

  • Assignment

You may not assign your rights under this Agreement to any third party; Attinis may assign its rights under this Agreement without condition.