Terms Of Service
Last Revised on September 29, 2022
Welcome to the Terms of Service (these “Terms”) for the website https://staratlas.com (the “Website”), the Star Atlas game (the “Game”), and all content and functionalities accessible via our Website and the Game (including the Star Atlas Wallet, as defined below) other than the Star Atlas DAO (as defined below) (collectively, the “Services”), in each case operated by or on behalf of ATMTA, Inc. (“Company,” “we,” or “us”), a Delaware corporation. For clarity, the Services do not include the operations of the Star Atlas DAO or any websites relating thereto.
These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.
For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.
Section 9 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes with us related to the Services through binding individual arbitration (unless expressly provided otherwise in Section 9), which means that you waive any right to have those disputes decided by a judge or jury, and (b) to waive your right to participate in class actions, class arbitrations, or representative actions in connection with your use of the Services. You have the right to opt-out of arbitration as explained in Section 9.
TABLE OF CONTENTS
- SERVICES; WALLETS; ACCOUNTS
- ELIGIBILITY; RIGHTS WE GRANT YOU; USAGE LIMITATIONS
- OWNERSHIP AND CONTENT
- THIRD-PARTY SERVICES AND MATERIALS
- UPDATES AND PATCHES
- DISCLAIMERS; LIMITATIONS OF LIABILITY; INDEMNIFICATION
- GOVERNING LAW; ARBITRATION; CLASS ACTION WAIVER
- ADDITIONAL PROVISIONS
1. SERVICES; WALLETS; ACCOUNTS
- Description of the Services. The Services offer a unique metaverse gaming experience via the Game and other related experiences through the combination of traditional core game and blockchain mechanics via the Solana blockchain (the “Star Atlas Metaverse”). The Star Atlas Metaverse is driven by a dual token system — “ATLAS” and “POLIS.” ATLAS serves as the native in-Game currency used for in-Game economic interactions, such as purchasing resources, ships, repairs, stations, and other in-Game assets. POLIS is a multifunctional governance token, which has applications both in-Game and in influencing decision making by the decentralized autonomous organization that governs the Star Atlas Metaverse (the “Star Atlas DAO”). Further information about the Star Atlas DAO can be accessed at the website https://govern.staratlas.com. While we may provide services to the Star Atlas DAO at its request to create, facilitate, or service certain aspects of the Star Atlas Metaverse, we do not control the Star Atlas DAO and are not responsible for its decisions or actions. You acknowledge and agree that we cannot be held liable or responsible in any way for any damages or losses incurred by any person in connection with any acts or omissions of the Star Atlas DAO. Further details on the Star Atlas Metaverse, including the uses of ATLAS and POLIS, are set forth in the Star Atlas Economics whitepaper, currently available at https://staratlas.com/assets/pdfs/economics-paper.pdf, as we may update from time to time.
- DACs. The Star Atlas Metaverse utilizes a guild system that allows you to create factions and collectives that operate within the Star Atlas Metaverse in a decentralized, autonomous way (“Decentralized Autonomous Corporations”). The Services may provide you and other players with certain tools that enable the implementation and management of such Decentralized Autonomous Corporations. We reserve the right to revoke access from any Decentralized Autonomous Corporation, or member player thereof, to such tools in the event that such Decentralized Autonomous Corporation or player violates these Terms or for any other reason we determine in our good faith business judgment.
- Game Items. The Services provide access to a marketplace (the “Marketplace”) for you to purchase, transfer, and trade Game-related items such as ships, stations, resources, posters, and other items (collectively with other Game-related assets, attributes, or characteristics, whether or not transferable or tradeable, “Game Items”); provided that any Game Items that we indicate are “soulbound” to you shall be non-transferable and non-tradable (including with respect to any Game NFTs associated with such Game Items) from the Digital Wallet that such Game Items are first stored (“Soulbound Items”). Game Items can be used in the Services in various ways that we or the Star Atlas DAO make available, such as to represent in-Game assets that you can use while you play the Game. We make no promises or guarantees regarding the functionality, utility, or value of any Game Items, and such Game Items may evolve and change as we or the Star Atlas DAO update and modify the Game and the Star Atlas Metaverse.
- Game NFTs. Your purchase of Game Items may be accompanied by non-fungible tokens (“NFTs”), and your ownership of these NFTs is tracked via the Solana blockchain (“Game NFTs”). Your ownership of these Game NFTs will give you certain rights and privileges within the Services, for as long as we make the Services and such rights and privileges available to you. You are responsible for all payments, fees, and costs when engaging in any transactions involving Game NFTs, including, without limitation, the purchase price, transaction fees, fees associated with your secondary or subsequent sales of Game NFTs, and all other fees associated with your use of the Game NFTs via the Services.
- Marketplace. We provide the Marketplace to be able to sell Game Items and other Services-related offerings (collectively, “Offerings”) to you directly from us. The Marketplace will also facilitate peer-to-peer sales conducted via decentralized or third-party exchanges or protocols whereby buyers and sellers can buy, sell, and trade Game NFTs (other than Soulbound Items) with each other. We may charge a transaction fee on all peer-to-peer sales that occur via the Marketplace or that otherwise involve Game NFTs (which may be calculated as a percentage of the overall sale price of the Game Items). We may offer ways to receive a discount on such transaction fees, such as by holding or staking certain Services-related tokens and assets. The scope of, and pre-requisitions for receiving any, such discount offers are subject to change by us in our sole discretion at any time. To facilitate transactions via the Marketplace, we have integrated with one or more third-party exchanges and services, such as the Serum exchange protocol, or other decentralized smart contract protocols. These protocols facilitate, on a peer-to-peer basis, the exchange of cryptocurrency and other assets through the Solana blockchain. We do not own or control these third-party or decentralized services, we do not control the transfer of cryptocurrency or digital assets, including Game NFTs, using these third-party services or decentralized services, and we do not have the ability to cancel or reverse transactions via the Marketplace. You acknowledge and agree that, to the extent that you transfer, trade, or receive, or attempt to transfer or trade or receive, a Soulbound Item, in each case the Services will not associate the Soulbound Item with the recipient or any person that has a different Digital Wallet than that under which the Soulbound Item was first obtained. Except as may otherwise be provided in these Terms, we do not control or endorse purchases or sales of Game NFTs or other Offerings outside of the Services, including the Marketplace. With respect to Game NFTs that are not sold directly by us, we are not a party to any agreement entered into between an end user buyer and a seller on the Marketplace. Other than with respect to items sold directly by us, we have no control over the conduct of buyers, sellers, and any other users of the Marketplace. We accept no liability for any aspect of the buyer and seller peer-to-peer interaction on the Marketplace.
- Digital Wallets. To use certain of the Services, you need to link to the Services via a non-custodial digital wallet made available by either us (a “Star Atlas Wallet”) or one or more third parties (a “Third-Party Wallet”), and that is compatible with the Solana network and the Services (each, a “Digital Wallet”). A list of supported wallets may be displayed by us, such as on the Website. Linking a Digital Wallet to the Services is required to be able to purchase, store, and engage in certain transactions using the Services, such as to connect your Game NFTs and ATLAS and POLIS tokens with the Services. We may not be able to help you recover assets associated with your Digital Wallet, as these are non-custodial wallets in your control. We do not own or control the assets associated with your Digital Wallet. We accept no responsibility or liability to you in connection with your use of a Digital Wallet and make no representations or warranties regarding how the Services will operate with any specific Digital Wallet. The private keys, credentials, passwords, seed phrases, or secret recovery passphrases necessary to decrypt or gain access to a Digital Wallet are held solely by you, and not by us. If you choose to transfer items from one Digital Wallet to another, such transfers will occur on the public blockchain and we accept no liability or responsibility for any such transfer, including for any loss, data corruption, or other negative impact that may occur to your Offerings or Digital Wallets or other assets when attempting to transfer assets between Digital Wallets. We reserve the right, with or without prior notice and in our sole and complete discretion, to discontinue, modify, or limit the operation of any Digital Wallet with the Services. You represent and warrant that you are the lawful owner of any Digital Wallet and that you are using that Digital Wallet under the terms and conditions of the applicable provider of the Digital Wallet.
- To the extent that you use a Third-Party Wallet, the following additional terms apply: Third-Party Wallets are not associated with, maintained by, controlled by, or affiliated with us. If you have any issues with your Third-Party Wallet, please contact the applicable provider. You represent and warrant that you are the lawful owner of any Third-Party Wallet and that you are using that Third-Party Wallet under the terms and conditions of the applicable provider of the Third-Party Wallet.
- Promotional Codes. We may offer certain promotional codes, referral codes, discount codes, coupon codes, or similar offers (“Promotional Codes”) that may be redeemed for discounts on future Offerings, or other features or benefits related to the Services, subject to any additional terms that the Company establishes. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold, or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by the Company; (d) may be disabled or have additional conditions applied to them by the Company at any time for any reason without liability to the Company; (e) may only be used pursuant to the specific terms that the Company establishes for such Promotional Code; (f) are not valid for cash or other credits or points; and (g) may expire prior to your use.
- Changes and Pricing. We may, at any time, revise or change the pricing, availability, specifications, content, descriptions, or features of any Offerings sold by us, and to correct pricing errors that may inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes shall be effective immediately upon posting of such new Offerings prices to the Services. While we attempt to be as accurate as we can in our descriptions for the Offerings, we do not warrant that Offerings descriptions are accurate, complete, reliable, current, or error-free. The inclusion of any Offerings for purchase through the Services at a particular time does not imply or warrant that the Offerings will be available at any other time. We reserve the right to change prices for Offerings displayed on the Services at any time.
- Purchases Made for Consumptive Use. You acknowledge and affirm that you are acquiring Offerings, whether through the Marketplace or otherwise through the Services, for purposes of use in connection with the Services and, in the case of the Game NFTs, to play the Game or for other collectible purposes, and in each case not for any investment or speculative purposes. Any economic benefit that may be derived from appreciation in the value of an Offering or Game NFT is incidental to obtaining it for its use in connection with the Services or its collectible purpose.
- ALL SALES FINAL. ALL PURCHASES MADE THROUGH THE SERVICES ARE FINAL AND NON-REFUNDABLE, EXCEPT AS REQUIRED BY APPLICABLE LAW OR REGULATION (AND IN SUCH INSTANCES WHERE REQUIRED BY APPLICABLE LAW, THE COMPANY’S ABILITY TO ISSUE ANY SUCH REFUND IS LIMITED TO WHETHER THE APPLICABLE SMART CONTRACT ENABLES THE COMPANY TO REASONABLY REVERSE OR CANCEL A TRANSACTION). NEVERTHELESS, YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT IN MOST CASES HAVE THE ABILITY TO REVERSE OR CANCEL A TRANSACTION AND IS NOT REQUIRED OR OBLIGATED TO PROVIDE A REFUND OF ANY PURCHASE FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR TIME, ITEMS, AMOUNTS, OR VALUES IN A GAME ACCOUNT (INCLUDING ANY UNUSED OR PARTIAL USED MEMBERSHIP TIME), EVEN IF AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
- Other Terms. In connection with your use of the Services, you also agree to abide by the following other Services-related policies: our Discord Rules and our Community Guidelines (as presented to you if you join our Discord channel) and the Terms of Service applicable to the Star Atlas DAO (located at https://govern.staratlas.com/terms-of-service).
3. ELIGIBILITY; RIGHTS WE GRANT YOU; USAGE LIMITATIONS
- Eligibility. You must be 13 years of age or older to use the Services. Additional aspects of the Services may have further age restrictions that will be presented to you in connection with those Services. Minors under the age of majority in their jurisdiction but that are at least 13 years of age are only permitted to use the Services if the minor’s parent or guardian or other holder of parental authority accepts these Terms on the minor’s behalf prior to use of the Services. Children under the age of 13 are not permitted to use the Services. You cannot use the Services if (1) the Office of Foreign Assets Control of the United States Treasury Department lists you as a specially designated national and/or blocked person; (2) the Bureau of Industry and Security of the United States Department of Commerce lists you on its denied persons list or lists of parties of concern; or (3) you’re on any similar list promulgated by an official agency or department of the United States government. Further, if you use the Services, you may not transfer or provide to us any currency, digital assets, or other items that have been derived from any illegal or unlawful activity. By using the Services, you represent and warrant that you meet these all requirements.
- User Account. Though your linked Digital Wallet will function as a unique identifier for you in respect of your use of certain portions of the Services, we may additionally require you to create an account in order to use certain portions of the Services (to the extent applicable, your “Account”). To the extent that we require you to create an Account, we will provide you with instructions on how to do so, and once created, how to access, edit, and update your Account. In your creation, editing, or updating of any such Account, you agree to provide us with accurate, complete, and updated information. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account.
- License Grant.
- Subject to your compliance with these Terms, the Company hereby grants to you, a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to access and use the software provided to you as part of the Services (and, to the extent we offer you any software for download as part of the Services (such as the Game client or Star Atlas Wallet), to download, install, and execute a single copy of such software onto the equipment or device specified or approved by us). This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms, and subject to the use restrictions described below. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Services or other actions that Company, in its sole discretion, may elect to take.
- We understand that part of what makes our community so great is its interest in developing tools and services that are helpful for other users of our Services and expand the Star Atlas Metaverse, such as guild directories, Game-related guides, or other Game-related creative content (“User Services”). This section sets out your permissions to use the Star Atlas name and logo (“Star Atlas Mark”) in connection with such User Services, to reproduce and display Star Atlas audiovisual assets, artwork, images for Game Items, and other Services-related content and content derived from the Services (“Content”) as part of your User Services. Subject to your compliance with these Terms, if you have developed a User Service that provides value to users of the Star Atlas Metaverse (as determined in our sole discretion), the Company hereby grants to you a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to use or reproduce the Star Atlas Mark but solely as needed to identify that your User Service is related to the Star Atlas Metaverse, and a right to reproduce Content such as images of ships and planets to be able to identify Content to users of User Services, and provided that in all cases (unless expressly authorized in writing by the Company), such uses: (i) are strictly for non-commercial and not-for-profit purposes; (ii) include the language "Inspired by Star Atlas" in a prominent place; (iii) include the following notice in a prominent place "[Name of your use] is inspired by Star Atlas. Star Atlas is a trademark or registered trademark of ATMTA, Inc. in the United States of America and elsewhere."; (iv) do not use the Star Atlas Mark or Content in a manner that is likely to cause confusion, deception, or mistake about the source of the User Service; and (v) comply in all respects with any quality control guidelines that we may implement from time to time in our sole discretion. Notwithstanding the foregoing, we may at any time and in our sole discretion revoke the license granted in the preceding sentence and require that you discontinue any use or reproduction of any of our Star Atlas Marks, Content, copyrights, trademarks, service marks, trade names, slogans, logos, images, or other proprietary notations, and you agree to immediately comply with such requirement.
- When you purchase a Game NFT, you own the NFT as a token on the blockchain, but you do not own any intellectual property rights in the related Content associated with such NFT except for the license grants expressly set forth herein. If you purchase or otherwise lawfully acquire a Game NFT, then subject to your compliance with these Terms, the Company hereby grants you a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the Content that is specifically associated with such purchased Game NFT, and solely for the following purposes: (a) for your own non-commercial and not-for-profit use within or related to the Services and not otherwise in conflict with these Terms or any other Services-related policies (e.g., not to create and sell merchandise related to such Content); (b) as part of the Marketplace and any other marketplace that permits the purchase and sale of your Game NFTs, provided that the marketplace cryptographically verifies that only the actual owner can display the Content in connection with their sale of their Game NFT; or (c) as part of a third-party website or application that permits the display, inclusion, involvement, or participation of your Game NFT, provided that the website/application cryptographically verifies each Game NFT’s ownership of the Game NFT to ensure that only the actual owner can display the Content, and provided that the Content is no longer visible once the owner of the Game NFT leaves the website/application. This license only lasts as long as you are the valid owner and holder of the Game NFT associated with the licensed Content. If you sell or transfer the Game NFT to another person, this license will transfer to such other owner or holder of the Game NFT, and you will no longer have the benefits of such license. All rights not expressly granted are reserved.
- Restrictions On Your Use of the Services. You may not do, or assist others in doing, any of the following, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:
- download, modify, copy, distribute, transmit, translate, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any Content or other materials or information contained on, or obtained from or through, the Services;
- duplicate, decompile, reverse engineer, disassemble, decode or derive source code from the Services (including any underlying idea or algorithm), or attempt to do any of the same, except if we have permitted you to do so (such as under an open source license we have granted);
- use, reproduce, or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed by Company on or through the Services, including to promote, advertise, market, or sell any third-party product or service or merchandise, or for any other purpose not expressly authorized by Section 3.3(b) above;
- use, offer, promote, advertise, make available, and/or distribute the following or assist therein:
- cheats (e.g., methods, not expressly authorized by the Company to influence and/or facilitate the gameplay in an unfair manner, including exploits of any in-Game bugs, and thereby granting you and/or any other user an advantage over other players not using such methods),
- automation software (bots) (i.e., any code and/or software, not expressly authorized by the Company, that allows the automated control of a Game or any other feature of the Services, e.g., the automated control of a character in a Game),
- hacks (i.e., accessing or modifying the software of the Services in any manner not expressly authorized by the Company),
- modifications (mods) not expressly authorized by the Company, or
- any other code and/or software, not expressly authorized by the Company, including third-party software, that can be used in connection with the Services and/or any component or feature thereof which changes and/or facilitates the gameplay or other functionality;
- engage in any manipulative activity that violates the integrity of the prices of assets on the Marketplace, including (but not limited to) the manipulative tactics commonly known as spoofing and wash trading;
- access or use the Services in any manner that could disable, overburden, damage, disrupt, or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software, or routine that causes the same;
- attempt to gain unauthorized access to, interfere with, damage, or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;
- circumvent, remove, alter, deactivate, degrade, or thwart any technological measure or content protections of the Services;
- use any unauthorized robot, spider, crawlers, or other automatic device, process, software, or queries that intercepts, “mines,” scrapes, or otherwise accesses the Services to monitor, extract, copy, or collect information or data from or through the Services, or engage in any manual process to do the same, provided, however, that the Company may, at its sole and absolute discretion, allow the use of certain third-party user interfaces;
- exploit a design flaw, undocumented problem, or program bug in the Services, including but not limited to creating, using, or transacting with any in-Game item created or copied by such exploit;
- host, provide, or develop matchmaking services for the Game(s), or intercept, emulate, or redirect the communication protocols used by the Company in any way, for any purpose, including without limitation unauthorized play over the internet, network play (except as expressly authorized by the Company), or as part of content aggregation networks;
- facilitate, create, or maintain any unauthorized connection to the Services including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Services; and (ii) any connection using third-party programs or tools not expressly authorized by the Company;
- allow another party/person/entity access to your account information or game session or otherwise share your account;
- attempt to sell, sublicense, rent, lease, grant a security interest in, or otherwise transfer any copy of the Services, any component thereof, or your rights to the Services to any other party in any way not expressly authorized herein;
- introduce any viruses, trojan horses, worms, logic bombs, or other materials that are malicious or technologically harmful into our systems;
- use the Services for illegal, harassing, unethical, or disruptive purposes, including engaging in any conduct intended to disrupt or diminish the game experience for other players or disrupt operation of the Company’s Services in any way, including:
- disrupting or assisting in the disruption of any computer used to support the Services or any Game environment, or
- harassment, “griefing,” abusive behavior or chat, conduct intended to unreasonably undermine or disrupt the Game experiences of others, deliberate inactivity, or disconnecting;
- use the Services in such a way as to infringe the privacy, intellectual property rights, or other rights of third parties;
- violate any applicable law or regulation in connection with your access to or use of the Services; or
- (s) access or use the Services in any way not expressly permitted by these Terms.
- Use of the Services. You are responsible for providing the computer, mobile device, wireless service plan, software, Internet connections, and/or other equipment or services that you need to download, install, and use any aspect of the Services. We do not guarantee that any aspect of the Services can be accessed and used on any particular device or with any particular service plan. We do not guarantee that any aspect of the Services or will be available in, or that orders for Offerings can be placed from, any particular geographic location.
- WHILE RUNNING, THE SERVICES (INCLUDING THE GAME) AND COMPANY MAY MONITOR YOUR COMPUTER OR MOBILE DEVICE’S MEMORY FOR UNAUTHORIZED THIRD-PARTY PROGRAMS RUNNING EITHER CONCURRENTLY WITH A GAME OR OUT OF PROCESS. AN “UNAUTHORIZED THIRD-PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD-PARTY SOFTWARE PROHIBITED BY THE “RESTRICTIONS ON YOUR USE OF THE SERVICES” SECTION ABOVE. IN THE EVENT THAT THE SERVICES DETECT AN UNAUTHORIZED THIRD-PARTY PROGRAM (a) THE SERVICES MAY COMMUNICATE INFORMATION BACK TO THE COMPANY, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, WALLET ADDRESS, DETAILS ABOUT THE UNAUTHORIZED THIRD-PARTY PROGRAM DETECTED, AND THE TIME AND DATE; AND/OR (b) THE COMPANY MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THESE TERMS, WITH OR WITHOUT PRIOR NOTICE TO YOU.
- Additionally, the Services may include a tool that will allow your computer system to forward information to the Company in the event of a crash of any aspect of the Services, including system and driver data, and by agreeing hereto you consent to the Company receiving and/or using this data.
- If the Services detect the use of an Unauthorized Third-Party Program, your access to the Services may be terminated with or without additional notice to you.
4. OWNERSHIP AND CONTENT
- Ownership of the Services. The Services, including their “look and feel” (e.g., text, graphics, user interface, design, images, logos, icons, software), Content (including Game audiovisual assets and artwork), data, information, and other materials, are protected under copyright, trademark, and other intellectual property laws. You agree that the Company and/or its licensors own all right, title, and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content (other than Your Content, defined below), including, without limitation, the exclusive right to create derivative works.
- Ownership of Trademarks. The Company’s name, Star Atlas, the Company’s stylized “A” logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs, and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
- Feedback. We welcome feedback, bug reports, comments, and suggestions for improvements to the Services, but please do not send suggestions for creative ideas, designs, pitch portfolios, or other similar such materials (“Unsolicited Ideas”). We may currently be developing, have developed, or in the future will develop ideas or materials internally or receive ideas or materials from other parties that may purely by coincidence be similar to Unsolicited Ideas. If you ignore this policy and send us your Unsolicited Ideas anyway, you grant the Company a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property or other rights that you own or control to use, copy, modify, create derivative works based upon, make, have made, sell, offer for sale, import, and otherwise exploit in any manner or medium whatsoever known now or in the future your Unsolicited Ideas for any purpose, without compensation to you.
- Your Content License Grant. In connection with your use of the Services, you may be able to post, upload, or submit content to be made available through the Services (“Your Content”), such as user profiles, comments, user avatars, guild names, sound files, images, music files, game assets, and other user generated content. In order to operate the Services, we must obtain from you certain license rights in Your Content so that actions we take in operating the Services are not considered legal violations. Accordingly, by using the Services and uploading Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) Your Content to be able to operate and provide the Services. You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide, and irrevocable (for so long as Your Content is stored with us), and include a right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations. As part of the foregoing license grant you agree that the other users of the Services shall have the right to comment on and/or tag Your Content and/or to use, publish, display, modify, or include a copy of Your Content as part of their own use of the Services; except that the foregoing shall not apply to any of Your Content that you post privately for non-public display on the Services. By posting or submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power, and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.
- Notice of Infringement – DMCA Policy
If you believe that any text, graphics, photos, audio, videos, or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 U.S.C. § 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
- identification of the copyrighted work that is claimed to be infringed;
- identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Services;
- information for our copyright agent to contact you, such as an address, telephone number, and e-mail address;
- information for our copyright agent to contact you, such as an address, telephone number, and e-mail address;
- a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent, or the law;
- a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
- (f) the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
Notices of copyright infringement claims should be sent by mail to: ATMTA, Inc., Attn: Dan Park, 10845 Griffith Peak Dr. Ste. 2, Las Vegas, NV 89135, United States; or by e-mail to firstname.lastname@example.org. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others when using the Services.
5. THIRD-PARTY SERVICES AND MATERIALS
- Use of Third-Party Materials in the Services. Certain Services may display, include, or make available content, data, information, applications, or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials, or third-party websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you.