Terms Of Use
We’ve drafted these Terms of Use (which we call the “Terms”) so you’ll know the rules that govern our relationship with you. By using Atlist, you agree to the Terms.
These Terms form a legally binding contract between you and Atlist. So please read them carefully.
1. Who Can Use Atlist
To use Atlist you must be, and represent and warrant that you are, (i) at least 13 years of age, (ii) competent to agree to these Terms and (iii) have not been previously prohibited from accessing or using Atlist.
2. Rights We Grant You
As long as you follow these Terms, we grant you limited, non-exclusive, revocable permission to use Atlist to create, annotate, view and share maps with others.
3. Account Registration
To use Atlist, you must register for an account by creating a user name and password. You agree to provide accurate, complete, and current information about yourself when registering.
You are responsible for any activity that occurs in your Atlist account and the security of your account information.
4. Fees
The subscription fees payable for paid versions of Atlist are listed on our website. Fees are considered incurred on the first day of each subscription period.
Your subscription will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period. The cancellation will take effect the day after the last day of the current subscription period.
We are entitled to unilaterally increase the fees by providing you with 30 days written notice of such increase. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use Atlist after the price change takes effect.
Payment is accepted by major credit card using a secure third-party payment-processing service. You agree that we may charge the fee, applicable taxes and any transaction charges payable by us to your credit card.
If you wish to dispute any charges, you must give us written notice at hello@atlist.com within 10 days of the charge being applied to your credit card, failing which the charges will be deemed to be accurate.
You are responsible for paying to us any costs incurred by us in collecting any unpaid amounts owed to us by you.
5. Ownership
We own all right, title and interest in Atlist, including all copyright, intellectual property and other proprietary rights of any type.
6. Acceptable Use
You agree that:
- You will not use Atlist for any purpose that is illegal or prohibited in these Terms.
- You are solely responsible for the data and other information you upload to and share through Atlist, and to ensure that you have all necessary consents and that you comply with privacy rules and laws.
- You will not use Atlist in a manner that violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right.
- You will not upload content that is bigoted, hateful, offensive, defamatory, violent, vulgar, obscene, pornographic or otherwise sexually explicit, or can reasonably be expected to harm any person or entity.
- You will not use or develop any third-party applications or automated means that interact with Atlist without our written consent.
- You will not use Atlist in a way that could interfere with, disrupt, affect negatively, or inhibit other users from fully enjoying Atlist, or that could damage or impair the functioning of Atlist (e.g., viruses).
We may, without notice to you and at any time, delete any maps that we think violate these Terms.
7. Third Party Services
Atlist is based on the Google Maps Platform. We do not endorse the content contained in Google Maps Platform, or guarantee its quality, accuracy, reliability, completeness, currency, timeliness, non-infringement or fitness for any purpose. Such content is not under our control and accessing such content is entirely at your own risk.
8. Termination
You may terminate your account at any time by contacting support.
We may also terminate these Terms with you at any time, for any reason, and without advanced notice.
Regardless of who terminates these Terms, both you and us continue to be bound by sections 4, 5 and 9-12 of the Terms.
9. Indemnification
You agree to defend, indemnify and hold us and our directors, officers, employees, affiliates and agents from and against any claim, demand or damages, including lawyers’ fees, asserted by any third party due to, arising out of your or relating in any way to your access to Atlist, the content you submit to Atlist and your breach of these Terms.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NONE OF US OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUBCONTRACTORS, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, ATLIST OR ANY CONTENT OR SERVICES, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11. Disclaimer
THE CONTENT AND SERVICES PROVIDED BY US ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OR CONDITIONS, INCLUDING ANY STATUTORY, EXPRESS OR IMPLIED. WE DISCLAIM, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THAT ATLIST WILL BE ACCURATE, RELIABLE, COMPLETE OR CURRENT, THAT ATLIST WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS OR ERRORS IN ATLIST WILL BE CORRECTED, THAT ATLIST WILL BE FREE FROM VIRUSES, MALWARE, WORMS OR OTHER HARMFUL COMPONENTS OR THAT COMMUNICATIONS WILL BE SECURE AND/OR NOT INTERCEPTED. YOU AGREE THAT YOU ARE USING ATLIST AT YOUR OWN RISK AND LIABILITY.
ATLIST TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH ATLIST WILL BE RESPONSIBLE FOR.
12. Final Terms
We may in our sole discretion at any time, and with or without notice, discontinue or modify any portion or all of the features of Atlist. Our doing so is neither a breach or termination of these Terms.
The laws of the Province of Ontario govern these Terms and any claims and disputes arising out of or relating to them.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
These Terms, plus any other legal notices posted on Atlist, make up the entire agreement between you and us.
If we do not enforce a provision in these Terms, it will not be considered a waiver.
13. Questions
If you still have questions about anything, just contact us.
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