UTMOS COMMUNITY GUIDELINES AND TERMS OF USE

 

1. YOUR ACCEPTANCE

By using and/or visiting the www.UtmosAtmos.com website or any other website owned by UtmosAtmos.com, or any successor website of the foregoing (collectively the “Website”), you (“You”) acknowledge that You have read, understood and assent to both these Terms of Use and the UtmosAtmos.comPrivacy Policy, which is specifically incorporated into these Terms of Use. These Terms of Use apply to any and all users of the Website. 

These Terms of Use constitute a binding agreement between You and UtmosAtmos, LLC and its parents, subsidiaries, affiliates, successors, and assigns (collectively "UtmosAtmos.com ") governing Your use of the Website. You are authorized only to use the Website if You agree to abide by all applicable laws and to these Terms of Use. Please read these Terms of Use carefully. If You do not agree to these Terms of Use, please do not use and/or visit the Website.


2. WEBSITE ACCESS

UtmosAtmos.com hereby grants You permission to use the Website as set forth in these Terms of Use, provided that: (i) Your use of the Website as permitted is solely for Your personal, noncommercial use; (ii) You will not copy or distribute any part of the Website in any medium without UtmosAtmos.com ’s prior written authorization; (iii) You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) You will otherwise comply with the terms and conditions of these Terms of Use. 

In order to access some features of the Website, You will have to create an account. You are not allowed to use another user’s account without permission. When creating Your account, You must provide true, current, accurate and complete information about yourself. If UtmosAtmos.com suspects that Your registration information is not true, complete, current, or accurate, or that You have otherwise violated these Terms of Use, Your account may be subject to suspension or termination, and You may be barred from using the UtmosAtmos.com Website. By registering with UtmosAtmos.com, You represent that You are of legal age to form a binding contract and are not a person barred by any laws from using the UtmosAtmos.com Website. 

You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You may change Your password at any time. You agree to immediately notify UtmosAtmos.com if You suspect or know of any unauthorized use of Your password or account or any other breach of security. UtmosAtmos.com cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 2. You acknowledge and agree that we may preserve user information and may also disclose user information, if required to do so by law or if we believe, in good faith, that such preservation or disclosure is reasonably necessary to: (i) comply with the legal process; (ii) enforce these Terms of Use; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of UtmosAtmos.com, its users, or the public. 

UtmosAtmos.com also reserves the right to terminate a user's access to the Website at any time in its sole discretion and without prior notice.

You agree not to use or launch any automated system or technological devices or programs that access the Website in a manner that sends more request messages to the UtmosAtmos.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You further agree not to access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose. Notwithstanding the foregoing, UtmosAtmos.com grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. UtmosAtmos.com reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.

You agree not to collect or use any personally identifiable information ("Personal Information") including without limitation individual names, account names, email addresses, or other user identifying information from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.

UtmosAtmos.comuses Your information only as described in the Privacy Policy here. We view protection of users’ privacy as very important. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account and changing your account preferences or opting-out of certain communications. If you object to your information being transferred or used in the manner provided for in the UtmosAtmos.comPrivacy Policy your sole recourse is to stop using the Website and services offered by UtmosAtmos.com.


3. THIRD PARTY WEBSITES

The Website may contain links to third party websites that are not owned or controlled by UtmosAtmos.com. UtmosAtmos.com has no control over, and assumes no responsibility for, the content, quality, suitability, functionality, legality, privacy policies, or practices of any third party website. You acknowledge and agree that UtmosAtmos.com is not responsible for the content on the Internet or on webpages that are contained outside the Website. By using the Website, You specifically release UtmosAtmos.comfrom any and all liability arising from Your access or use of any third party website, Your correspondence or dealings with other users, advertisers, partners, or other third parties found on or though the Website, and/or Your participation in promotions, sweepstakes, campaigns, or any other venture hosted, endorsed, or sponsored by other users, advertisers, partners, or other third parties.


4. INTELLECTUAL PROPERTY RIGHTS

The Website is owned by UtmosAtmos, LLC. The Website and its original content, features, and functionality are protected by U.S. and international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws. The Website displays trademarks owned by UtmosAtmos, LLC, including but not limited to UtmosAtmos, and trademarks, copyrights, and other intellectual property owned by Website users, Artist’s, and other third party licensors (collectively, "Licensors"). No portion of the Website may be copied, reproduced, displayed, transmitted, or otherwise used for any purpose without the prior written permission of UtmosAtmos.com, or as otherwise agreed to in writing by the appropriate Licensor.


5. USER SUBMISSIONS

The interactive nature of postings on the Website makes it impossible for UtmosAtmos.com to assume responsibility for any of the information, material, or content posted by users.

The ideas, suggestions, opinions, comments, and observations made by UtmosAtmos.com users, and any text, data, photographs, video, music, sound, chat, messages, designs, files or other material provided to UtmosAtmos.com by users (all of which are referred to as "User Submissions") are not endorsed by UtmosAtmos.com, and we make no guarantee regarding the reliability, accuracy, nature, origin, or quality of any User Submission that is posted on the Website. You acknowledge that You will evaluate and bear any risks related to Your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Website are the sole responsibility of the person who originally posted or granted any third party upload permissions of User Submission, and Your sole recourse for any damage You may suffer as a result of any User Submission, or any portion thereof, shall be to such individual, and not UtmosAtmos.com.

By posting a User Submission to the Website or granting us and/or any third party permission to do so, You represent that: (i) You are the owner of the User Submission; or (ii) you have the right and license to use the User Submission; or (iii) the User Submission is in the public domain; or (iv) to Your knowledge, no one else claims ownership of, or exclusive rights to, the User Submission; and (v) You have the legal right to grant a license to UtmosAtmos.com to use the User Submission.

You shall be solely responsible for Your own User Submission and the consequences of posting, publishing or allowing a 3rd party to do so. You retain all of Your ownership rights in Your User Submissions. However, by submitting the User Submissions to UtmosAtmos.com, You hereby grant UtmosAtmos.coma worldwide, non-exclusive, royalty-free, sub-licensable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submission in connection with the Website and UtmosAtmos.com’s business, including without limitation for promoting, displaying, and redistributing part or all of the Website (and derivative works thereof) in any media now known or hereafter developed.

If You choose to post a User Submission on UtmosAtmos.com, we require that You adhere to generally accepted rules of etiquette and standards of behavior, and that Your use of UtmosAtmos.com reflects Your respect for the legal rights of users connected with UtmosAtmos.com. You understand that UtmosAtmos.com does not guarantee any confidentiality with respect to any User Submission.

UtmosAtmos.com expressly disclaims any and all liability in connection with User Submissions. UtmosAtmos.com reserves the right to remove Content and User Submissions in its sole discretion and without prior notice.


6. LICENSE AND USE OF ARTWORK

UtmosAtmos.com's offerings allows artists to earn money from their Artwork by making it immediately available for sale on a variety of products - without giving up control of their rights. You retain all of Your ownership rights, including all copyright and other intellectual property rights, in the Artwork you submit to the Website and to your individual store. The exception to this is Artwork submitted to the Website in a themed design submission categories in which case the third party sponsor of the challenge may require ownership of all Artwork submitted in that challenge. Please refer to the rules applicable to any design submission categories you enter.

By uploading or having Artwork uploaded to the Website, You grant UtmosAtmos.com the license above in Paragraph 5, and further agree that UtmosAtmos.com may: (i) display your Artwork on the Website and in magazines, television shows, movies, on the Internet, and other media; (ii) sell Your Artwork; and (iii) make modifications to your Artwork as necessary to prepare your Artwork for use in a particular product category or for other manufacturing purposes. In addition, you represent that UtmosAtmos.commay legally make and sell merchandise incorporating Your Artwork without being obligated to make any payments to, or obtain any permission from, any third party.

With the exception of Artwork submitted through contests, design submission categories, surveys, games or other promotions (collectively, "Promotions"), you may delete your Artwork from the Website at any time, but due to caching and other technical issues, it may take a number of days for it to be completely removed from the Website. Upon the removal of Artwork by You or by UtmosAtmos (by emailing art@UtmosAtmos.com), the licenses above will terminate, except that, to the extent any Artwork has been incorporated into merchandise purchased and/or manufactured by UtmosAtmos.com prior to Your removal, UtmosAtmos.com may sell-through all such merchandise until it is depleted. The terms regarding payment to Artists apply to such sales. UtmosAtmos.com may also continue to use your Artwork in marketing and promotional materials if such materials were created prior to Your removal of the Artwork from the Website. For Artwork submitted through a Promotion, such as an ongoing UtmosAtmos Submission Category, please also refer to Section 7 of these Terms of Use.


7. CONTESTS, DESIGN SUBMISSION CATEGORIES, PROMOTIONS

Contests, design submission categories, surveys, games or other promotions (collectively, "Promotions") made available through the Website may be governed by specific rules that are separate from these Terms of Use. By participating in any such Promotion, You will become subject to those rules, which may vary from the terms and conditions in these Terms of Use. We ask You to please review any specific rules applicable to a particular Promotion. To the extent that the terms and conditions of such rules conflict with these Terms of Use, the terms and conditions of such Promotion shall control, but only to that Promotion.


8. RULES OF CONDUCT

The following rules of conduct apply to Your use of the Website and to all User Submissions, whether the User Submission is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of the Website.

You may not, in connection with the Website:

-Upload, post, email or otherwise transmit any material that is libelous, invasive of another’s privacy, defamatory, pornographic, sexually explicit, unlawful or plagiarized;
-Upload, post, email or otherwise transmit any material that infringes or violates any patent, copyright, trademark, trade secret or other proprietary rights of any person;
-Upload, post, email or otherwise transmit any material that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
-Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation, or otherwise engage in commercial activities within UtmosAtmos.com;
-Upload, post, email, or otherwise transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality or any computer software or hardware or telecommunications equipment;
-Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity;
-Intentionally or unintentionally violate or encourage others to violate any applicable law, statute, ordinance or regulation;
-Provide false or deceptive information;
-Solicit personal information from anyone under 18;
-Breach a duty of confidentiality by which You are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
-Delete, add or otherwise change other people’s User Submissions.


9. DESIGN SUBMISSIONS

If You are submitting a design to UtmosAtmos.com, You agree to additional Terms and Conditions.


10. COPYRIGHT INFRINGEMENT

UtmosAtmos.com respects the intellectual property of others, and we require users of the Website to do the same. Thus, in Your use of and interactions with UtmosAtmos.com and the Website, You may not post, upload, display, submit, modify, distribute, or reproduce in any way any User Submission that is or contains copyrighted material belonging to others, without obtaining their prior written consent. In addition:

  • Use, copy, or imitate trademarks belonging to others in any manner that misleads consumers or violates the trademark rights of others;
  • Infringe any intellectual property rights belonging to others.

UtmosAtmos.com reserves the right, in its discretion, to remove any User Submission if it believes that it may infringe the copyright of any third party, and/or to terminate the accounts of users believed to be infringers.

DMCA Takedown Notification.

If You are a copyright owner or an agent thereof and believe that any material on UtmosAtmos.com infringes Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Agent with the following information in writing:

-A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
-Identification of the copyrighted work (or works) claimed to have been infringed;
-Identification of the material that is claimed to be infringing and information reasonably sufficient to permit UtmosAtmos.comto locate the material (i.e., providing URLs in the content of an email is the best way to help us locate content quickly).
-Information reasonably sufficient to permit UtmosAtmos.com to contact You, including Your address, telephone number, and e-mail address at which You may be contacted.
-A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by You, or Your agent, or the law;
-A statement made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or are authorized to act on the copyright owner’s behalf.

See 17 U.S.C 512(c)(3) for further information.

If UtmosAtmos.com receives such a claim, UtmosAtmos.com reserves the right to refuse, disable, or delete User Submissions and Content as described under these Terms of Use and to terminate a user’s account. Our Designated Agent to receive notification of claimed infringement under the DMCA is:

 

DMCA Complaints

UtmosAtmos, LLC

PO Box 16301

Rochester, NY 14616

Email: copyright@UtmosAtmos.com

Please send all other notices of claimed intellectual property infringement to:

 

Intellectual Property Complaints

UtmosAtmos, LLC

PO Box 16301

Rochester, NY 14616

Email: copyright@UtmosAtmos.com

 

You acknowledge that if You fail to comply with all of the requirements above Your DMCA notice may not be valid and not be acknowledged by UtmosAtmos.com.

UtmosAtmos.com will process and investigate valid notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws.

Upon receipt of notices complying with the DMCA, UtmosAtmos.com will act expeditiously to remove or disable access to any material claimed to be infringed or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material.

•Counter-Notice. If You believe that Your User Submission that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the User Submission, You may send a counter-notice to UtmosAtmos.com’s Designated Agent, which must contain the following information in writing:

-Your physical or electronic signature;
-Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
-A statement under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
-Your name, address, and telephone number; and
-A statement that You consent to the jurisdiction of federal district court in the judicial district in which Your address is located, or if Your address is outside of the United States, for any judicial district in which You may be found and that You will accept service of process from the person who provided the initial notification of alleged infringement.

UtmosAtmos.com will provide a proper and valid counter-notice to the alleged copyright owner for review and consideration.

If, within 10 business days of our receipt of your counter notice, the party who submitted the initial copyright claim doesn't inform us of an action seeking a court order against you, the material specified in the counter notice may be reactivated. Reactivating the material before this time may result in account termination. If you have any questions or concerns, please consult an attorney. You may also consider communicating directly with the party who filed the initial infringement claim.


11. IMPROPER USE OF WEBSITE AND COMMUNITY GUIDELINES

You may not, in connection with the Website:

•Upload, post, email or otherwise transmit any material that is libelous, invasive of another’s privacy, defamatory, pornographic, sexually explicit, unlawful or plagiarized;

•Upload, post, email or otherwise transmit any material that infringes or violates any patent, copyright, trademark, trade secret or other proprietary rights of any person;

•Upload, post, email or otherwise transmit any material that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, or racially or ethnically offensive;

•Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation;

•Upload, post, email, or otherwise transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality or any computer software or hardware or telecommunications equipment;

•Circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or any content on the Website;

•Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity;

•Intentionally or unintentionally violate or encourage others to violate any applicable law, statute, ordinance or regulation;

•Provide false or deceptive information;

•Solicit personal information from anyone under 18;

•Breach a duty of confidentiality by which You are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

•Delete, add or otherwise change other people’s User Submissions;

•Remove or alter any copyright or other proprietary notices on or in connection with any content on the Website.

•Use or launch any automated system or technological devices or programs that access the Website in a manner that sends more request messages to the UtmosAtmos.comservers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; and

•Access, monitor or copy any content or information from the Website using any robot, spider, scraper or other automated means or any manual process for any purpose. Notwithstanding the foregoing, UtmosAtmos.com grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. UtmosAtmos.com reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.

 

COMMUNITY GUIDELINES

To make sure that the community spaces on UtmosAtmos.com, including, but not limited to any message boards, discussion groups, comments, and forums ("Community Spaces") are safe and respectful, the following policies apply to all Community Spaces:

•Keep Your content relevant and moderate it correctly. If You’re unsure whether content is appropriate or consistent with these community guidelines or any other terms included in these Terms of Use, err on the side of caution and do not post it.

•Respect other Users’ privacy. Private or personally identifying information should not be shared in Community Spaces or other public areas of the Website.

•Community Spaces may not be used to publicly disparage anyone, any User Submission, or any Artist page or Store.

•Community Spaces may not be used to harass other users.

•You may not publish or post threats of violence, or promote or encourage others to engage in violence or illegal activity.

•Report abusive content to help@UtmosAtmos.com if you see it.


12. MODIFICATIONS TO THE WEBSITE

UtmosAtmos.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. UtmosAtmos.com shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website.


13. TERMINATION

UtmosAtmos.com may, under certain circumstances and without prior notice, immediately disable or terminate Your UtmosAtmos.com account, access to the Website, or any other UtmosAtmos.com services. Cause for such termination shall include, but not be limited to: (i) breaches or violations of the Terms of Use or other incorporated agreements or guidelines; (ii) requests by law enforcement or other government agencies; (iii) a request by You (self-initiated account deletions); (iv) discontinuance or material modification to the Website (or any part thereof); (v) unexpected technical or security issues or problems; (vi) extended periods of inactivity; (vii) engagement by You in fraudulent or illegal activities; and/or (viii) nonpayment of any fees owed by You in connection with the Website or any other UtmosAtmos.com product or service.

Termination of Your UtmosAtmos.com account includes: (i) removal of access to all pages within the Website; (ii) deletion of Your password and all related information, files and materials, including User Submissions associated with or inside Your account (or any part thereof); and (iii) barring of further use of the Website. Further, You agree that all terminations for cause shall be made in UtmosAtmos.com’s sole discretion and that UtmosAtmos.com shall not be liable to You or any third party for any termination of Your account, any associated email address, or access to the Website.


14. WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, UtmosAtmos.com, AND ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF UtmosAtmos.com, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. UtmosAtmos.com MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, USER SUBMISSION OR OTHER MATERIAL OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, USER SUBMISSION, OR OTHER MATERIAL POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. UtmosAtmos.com DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND UtmosAtmos.com WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UtmosAtmos.com SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.


15. LIMITATION OF LIABILITY

IN NO EVENT SHALL UtmosAtmos.com, OR ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF UtmosAtmos.com, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT UtmosAtmos.com SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by UtmosAtmos.com from its facilities in the United States of America. UtmosAtmos.com makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.


16. INDEMNITY

You agree to defend, indemnify and hold harmless UtmosAtmos.com, and any parent, subsidiary, affiliate, successor, director, officer, employee, licensor, distributor, supplier,

agent, reseller, owner, or operator of UtmosAtmos.com, from and against any and all alleged claims, claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) Your use of and access to the Website; (ii) Your violation of any term of these Terms of Use; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any alleged claim, claim, or cause of action that one (or more) of Your User Submissions caused, is causing, or will cause damage to a third party, as a result of infringement or otherwise. This defense and indemnification obligation will survive these Terms of Use and Your use of the Website.


17. ASSIGNMENT

These Terms of Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sub-licensed by You, but may be assigned, transferred, delegated, and sub-licensed by UtmosAtmos.com without restriction.


18. INTELLECTUAL PROPERTY

The UtmosAtmos.com Website is owned by Utmos Atmos, LLC. No portion of the Website may be copied, reproduced, displayed, transmitted, or otherwise used for any purpose without the prior written permission of UtmosAtmos.com.

All of the UtmosAtmos.comtrademarks, including but not limited to UTMOS ATMOS, are owned by Utmos Atmos, LLC and may not be used for any purpose without the prior written permission of UtmosAtmos.com.


19. ABILITY TO ACCEPT TERMS OF USE

You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. UtmosAtmos.com is not intended for children under 13. If You are under 13 years of age, then please do not use the UtmosAtmos.com Website.


20. SPECIAL PROVISIONS FOR USERS LOCATED OUTSIDE OF THE UNITED STATES

UtmosAtmos.com is a global community. Our servers and operations are, however, located in the United States, and our policies and procedures are based on United States law. As such, the following provisions apply specifically to users of the Website that are located outside of the United States: (i) You consent to the transfer, storage,

and processing of your information, including but not limited to any personal information, to and in the United States and/or other countries; and (ii) if you are using the Website from a country sanctioned or embargoed by the United States, or are on the United States Treasury Department's list of "Specially Designated Nationals," you agree that you will not engage in financial transactions, or conduct any commercial activities using or through the Website.


21. LAW AND FORUM FOR DISPUTES

These Terms of Use constitute an agreement that shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law provisions and without regard to the actual state or county of incorporation or residence of either party. You agree to submit to the personal and exclusive jurisdiction of the courts located in Monroe County, New York, in connection with any action arising under this Agreement. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.


22. RELEASE

If You have a dispute with one or more Website users, You release UtmosAtmos.com (and UtmosAtmos.com's officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If You are a California resident, You waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."


23. GENERAL & AMENDEMENTS

In the event any provision contained in these Terms of Use is determined to be invalid, illegal or otherwise unenforceable in any respect for any reason, the validity, legality and enforceability of the provision in every other respect and the remaining provisions of these Terms of Use will not be in any way impaired and shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and UtmosAtmos.com’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

UtmosAtmos.com reserves the right, at any time, in its sole discretion, and without prior notice, to change these Terms of Use, including the Additional Policies, in whole or in part, which shall take effect upon posting to the Website. You are responsible for reviewing and complying with the Terms of Use in effect at the time you use the Website. It is Your responsibility to review these Terms of Use for any changes. You acknowledge that you will be bound by the revised Terms of Use as of their effective date set forth therein and your continued use of the UtmosAtmos.com Website constitutes acceptance of them.

These Terms of Use, including, without limitation, the Additional Policies, which are incorporated herein by reference, set forth the entire understanding and agreement between you and UtmosAtmos.com with respect to the subject matter hereof.


24. VIOLATIONS OF THESE TERMS OF USE

Please report any violations of the Terms of Use, including objectionable User Submissions or behavior, to copyright@UtmosAtmos.com. Please state the reasons for Your concern and provide a link to the User Submission, other material or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, UtmosAtmos.com in its sole discretion may investigate the matter and take such action as UtmosAtmos.com determines to be appropriate.

Terms of Use were last revised in June 2020.

 

 

 

Terms for BUYERS

 

This policy is a part of our Terms of Use. By purchasing merchandise via the Website, you’re agreeing to these rules and our Terms of Use.

 

1. PRICING, SHIPPING, AND TERMS OF SALE

Prices for all merchandise on the Website are in US dollars. Prices and products may change at UtmosAtmos.com 's discretion. UtmosAtmos.com may offer promotional discounts from time-to-time. You must agree to the terms of the discount in order to be given the discount. You agree not to use more than one discount per item, unless such use is expressly permitted by UtmosAtmos.com. Title and risk of loss for all products ordered by you shall pass to you upon UtmosAtmos.com's shipment to the shipping carrier. UtmosAtmos.com reserves the right to cancel any order for any product for any reason, including orders that may violate the intellectual property rights of a third party, and will notify the purchaser that the order has been cancelled.


2. PRODUCT DESCRIPTIONS

UtmosAtmos.com attempts to be as accurate as possible to provide a compelling user experience. However, UtmosAtmos.com does not warrant that product descriptions or other content of the Website are accurate, complete, reliable, current, or error-free. If a product offered by UtmosAtmos.com or an Artists’ Store, is not as described, your sole remedy is to return it pursuant to UtmosAtmos.com's Return and Refund Policy here.


3. RETURN POLICY

Please review UtmosAtmos.com 's Return and Refund Policy here.

 

 

 

 

Additional Terms For Artists

 

By opening an Artist Store on the Website You agree to this Artist Store Policy which is a part of the Terms of Use.

 

1. ARTIST STORE SET UP

Your Artist Store must be created and opened in compliance with the rules concerning Your Account and Account Activity in the Terms of Use. In particular, You may not use another user’s account without permission; You may not select an Artist Store name that is vulgar, offensive, obscene, or attempts to impersonate another Artist Store owner; You may not name Your Artist Store by using a third party’s trademark; and, when creating Your Artist Store, You must provide true, current, accurate and complete information about yourself.


2. YOUR ARTWORK

Please refer to the License and Use of Artwork section in the Terms of Use, which applies to all Artist Store owners. With respect to Artwork displayed by You in Your Artist Store, it will be sold according to Your specifications and via the Website only. In addition, unless else wise agreed upon, UtmosAtmos will manage the pricing of your products.


3. REMOVAL OF ARTWORK AND CLOSING OF ARTIST STORE

You may delete Your Artwork or close your Artist Store at any time, but due to caching or other issues, it may take a number of days for deletions or closures to take effect. To the extent any of the Artwork displayed in Your Artist Store has been incorporated into merchandise purchased and/or manufactured by UtmosAtmos.com prior to the deletion of Your Artwork or closing of Your Artist Store, UtmosAtmos.com may sell-through all such merchandise until it is depleted. The terms regarding Payments to Artists and Store Owners apply to such sales. UtmosAtmos.com may also continue to use your Artwork in marketing and promotional materials if such materials were created prior to Your removal of the Artwork from the Website, and/or the deletion or closing of Your Artist Store.


4. TAGS, PRODUCT DESCRIPTIONS, AND LABELING AND DESCRIBING THE ARTWORK AND PRODUCTS IN YOUR ARTIST STORE

By providing high-quality, accurate information, You help Users find Your products quickly and easily.

At the time You post designs and products, You will be asked to provide information (title, description, tags, categories) about Your products and Artwork so that visitors can search and find relevant products.

You will make best efforts to provide accurate, non-misleading information about Your products and Artwork and You agree not to submit information unrelated to Your products or Artwork for any purpose. If UtmosAtmos.com determines that information is misleading or inaccurate or that it violates these Terms of Use, UtmosAtmos.com may inform you to delete such information or the related product entirely, in its sole discretion.

You agree to use the Website and conduct Your Artist Store in a manner that demonstrates common sense and respect for the rights of UtmosAtmos.com, other artists, Website users, and third parties and in accordance with applicable laws and regulations. Here are some of the basic rules for labeling the products in Your Artist Store:

•You may not use words that are derogatory.

•You may not use malicious tags or descriptions.

•You may not use trademarks you do not own to refer to your Artwork or products.

 

You may report problems, offensive content, and policy violations to us at art@UtmosAtmos.com.


5. ENFORCEMENT/TERMINATION

UtmosAtmos.com may take the following actions to enforce the terms of this Artists Policy:

•Send a notification informing You of any offending action, behavior, tag, spam or description, and request that You take corrective action immediately.

•Make Your product(s) unavailable.

•In the case of certain repeat offenders, UtmosAtmos.com will, in its sole discretion, withhold payment and/or shut down an Artist Store.

Additionally, UtmosAtmos.com reserves the right to remove, limit, suspend, or terminate Your account or Artist Store, prohibit access to Your Store and its content, and discontinue its relationship with any users that UtmosAtmos.com determines in its sole discretion are in violation of the Terms of Use.


6. PAYMENTS, TIMING OF PAYMENTS, AND INELIGIBLE SALES

Please refer to the "Policy Concerning Payments to Artists and Artist Store Owners.”


7. ARTIST STORE ORDERS AND CONTACT INFORMATION

For customer orders made in your Artist Store, UtmosAtmos.com may facilitate the sharing of customer information such as e-mail address and shipping address. We expect you to respect the privacy of the information you may receive. Please refer to our Privacy Policy here, and our Community Guidelines, which are included in our Terms of Use here. UtmosAtmos.com has not granted you a license to use the information for unsolicited commercial messages or unauthorized transactions. Remember that you need to comply with all relevant legal rules when you use UtmosAtmos.com. This includes applicable data protection and privacy laws which govern the ways in which you can use such information that may be shared.


8. YOUR RESPONSIBILITIES

By selling on UtmosAtmos.com, you will receive and must determine what to do with certain personal information, such as when communicating with users and entering into transactions with buyers. This means you process personal information (for example, buyer name, email address, and shipping address) and, to the extent you do so, under EU law, you are an independent controller of data relating to other users that you may have obtained through your Artist Store.

You are responsible for protecting user personal information you receive or process and complying with all relevant legal requirements when you use UtmosAtmos.com. This includes applicable data protection and privacy laws that govern the ways in which you can use a user’s information.

As a data controller, to the extent that you process user personal information outside of UtmosAtmos.com, you may be required under applicable data protection and privacy laws to honor requests for data access, portability, correction, deletion, and objections to processing. Also, if you disclose personal information without the buyer’s proper consent, you are responsible for that unauthorized disclosure. This includes, for example, disclosures you make or unintentional data breaches. For example, you may receive a buyer’s email address or other information as a result of entering into a transaction with that buyer. This information may only be used for marketing communications related to UtmosAtmos.com. You may not use this information for unsolicited commercial messages or unauthorized transactions.

If you or your Artist Store are found to be joint data controllers of personal information, and if UtmosAtmos.com is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify UtmosAtmos.com for the expenses it occurs in connection with your processing of buyer personal information.

POLICY CONCERNING PAYMENTS TO ARTISTS AND ARTIST STORE OWNERS

By submitting Artwork to the Website and/or opening an Artist Store, You authorize UtmosAtmos.com to display the Artwork, and to manufacture, sell and distribute products displaying your Artwork. You also authorize UtmosAtmos.com to collect and hold the retail price ("Retail Price") of all products displaying your Artwork that are purchased via the Website.

The Retail Price charged to customers who purchase products featuring Artwork includes the (i) manufacturing fees, (ii) UtmosAtmos.com’s fee for hosting the marketplace and/or Your Artist Store and facilitating the transaction (the manufacturing fees and UtmosAtmos.com’s fee are referred to collectively, and inclusive of tax, as the "Base Fee"), (iii) Your compensation (the "Artist Compensation"), (iv) any relevant tax (such as GST, VAT, etc), and (v) shipping charges.

You authorize UtmosAtmos.com to deduct both (i) the Base Fee and (ii) any shipping charges from the Retail Price of the product(s) featuring your Artwork before distributing the remainder (i.e., the Artist Compensation and tax where relevant), to You.

On certain limited occasions UtmosAtmos may include the Artwork in miscellaneous items such as, without limitation, calendars or books that promote the UtmosAtmos brand or community, and You will not be owed or paid any royalties or payments for such use.

Timing and Method of Payment to Artists and Store Owners. Payments will be made on a monthly basis, via PayPal. You are required to provide UtmosAtmos.comwith Your PayPal account information. You will not be charged by PayPal for any payment made to You by UtmosAtmos.com . You alone are responsible for the payment of any tax that arises as a result of receiving any payment from UtmosAtmos.com, its subsidiaries, related companies, partners or licensors.

UtmosAtmos.com will not pay You for sales of any product that incorporates Artwork that violates the Terms of Use. For example, if UtmosAtmos.com discovers that Your Artwork infringes someone else's copyright or that You do not have the right to use the Artwork, UtmosAtmos.com reserves the right to reverse all payments for products featuring such Artwork, whether due or already paid.