Effective date February 1st 2013
The Terms constitute an agreement between you and the Provider (ATAMAGAI LLC, 19th W 34th Street, New York, NY, 10001, USA) (the “Provider”, including references such as “we”, “us”, “our” etc.), defining your and the Provider’s rights and responsibilities with respect to the Service.
To use the Service, you must be at least eighteen (18) years of age. By accepting these Terms, you certify that you are at least eighteen (18) years of age and are otherwise not restricted from agreeing to these Terms and using the Service.
Anyone completing the registration must be legally competent.
To use the Service you may need to register, create an account with a username and a password and/or pay a fee. For the sake of clarity, simple use of the Service (such as accession to the same and browsing the same) does not require any registration, creating an account with a username and password or payment of any fee. It is, however, necessary to register in order to be able to use the Service for the Personal Communication (as defined in section 4 of these Terms) whereas usage of the demo version of the Service for the respective purpose requires only the registration (without payment of any fee) and usage of a fully functional version of the Service for the respective purpose requires both the registration and payment of a fee.
You need to provide us with certain personal and other information and to choose a password which has to be secret and must not be shared with others. The Provider may verify your email address before the account can be used.
You agree to provide truthful and complete information when you register for the Service and to keep that information updated. You must not use any third party personal data in order to create an account and you are not allowed to access accounts of other users. The Provider reserves the right to block any user account if it reasonably determines that the account was created with false or any third party personal data or that it is in violation of these Terms in any other manner.
You must take due care to protect your username and password against misuse by others and promptly notify the Provider about any misuse. You are personally responsible for any use of the Service.
You may terminate your registration if you no longer wish to use the Service. After termination, you will no longer have access to the Service. The Provider may terminate your registration or restrict your access to certain parts of the Service if the Provider reasonably believes that you have breached the Terms. In case of termination of any kind or nature, you will not be entitled to any refund whatsoever.
To the largest extent permissible under the applicable law, the Provider is not responsible for any removal or loss of information or content you have submitted to the Service.
You agree to use the Service solely and exclusively under the following terms and conditions:
Any use of the Service or any part thereof which is in violation of these Terms is prohibited and may result in criminal prosecution and/or civil liability.
The Provider may but has no obligation to:
The Service will provide any potential users thereof (the "Service Users") with a possibility to create and have saved and sent by the Provider at any time determined by the Service Users (the "Relevant Time"), any message of personal nature (the "Personal Communication") to any third party/-ies designated by the Service Users as the recipient/-s of the Personal Communication (the "Recipients").
The Provider shall not, and shall have no intention to influence the Service Users with respect to the content of the Personal Communication or the choice of the Recipients or the objective which the Service Users intend to achieve by sending the Personal Communication (including but not limited to the fact whether they see the Personal Communication as a method for presenting their testament to the Recipients), or to examine, assess or judge the Service Users' motives for choosing to have the Personal Communication with the Recipients through the Service or the Service Users' reasons to believe that they will not be alive at the Relevant Time - the Provider shall only enable the Service Users to make the Personal Communication towards the Recipients and try to deliver the Personal Communication to the Recipients at the Relevant Time by providing the Recipients with the link through which they can hear and/or view the Relevant Communication.
The Provider shall use its best efforts and all reasonable measures to deliver the Personal Communication to the Recipients by using the contact information provided by the Service Users (the "Contact Information"), but it does not and cannot guarantee successfull realization of the respective delivery since the Provider does not know (and is not obliged to examine) whether the Contact Information is valid contact data of the Recipients (either at the time when the Contact Information is provided by the Service Users or at the time when the Personal Communication is to be sent to the Recipients) and whether the Recipients would want to receive and/or read the Personal Communication addressed to them.
The Service Users understand, accept and agree that the minimal time which shall pass between the time when they post the Personal Communication to the Service and the Relevant Time is thirty (30) days, and that the longest possible period between the time when the Personal Communication is posted and the Relevant Time is 360 days whereas this period may be extended by the Service Users for an unlimited number of times under the terms described in the paragraph following right below.
The Provider undertakes to send to each and every of the Service Users, a notice informing them that the Personal Communication shall be sent to the Recipients at the Relevant Time (the "Prior Notice"). The Prior Notice shall be sent by e-mail for a specified number of times prior to sending the Personal Communication (i.e. prior to the Relevant Time). Unless the Service Users extend the Relevant Time or deactivate the Personal Communication, which means that they decided, irrespective of the reason, not to send the Personal Communication at the Relevant Time (by choosing to extend the Relevant Time) or not to send it at all (by choosing to deactivate the Personal Communication) , the Provider shall assume that the Service Users want to send the Personal Communication (with no further obligaton to verify, in any other way whatsover, whether such assumption is correct) and the Provider shall send the Personal Communication to the Recipients at the Relevant Time. For the avoidance of any doubt, this shall not exclude the Service Users' right to decide not to send (at the Relevat Time or at all) the Personal Communication posted at the Service – on the contrary, they shall have such right at any moment solely by extending the Relevant Time or by deactivating the Personal Communication (but at the latest 24 hours prior to the Relevant Time). In any case, even if they decide not to send (at the Relevant Time or at all) the Personal Communication posted at the Service, and accordingly extend the Relevant Time or deactivate the Personal Communication in the aforementioned timely manner, the Service Users shall not be entitled to the refund of any fees priory paid to the Provider. Taking the above into consideration, the Provider expressly disclaims, to the largest extent permissible by the applicable law, any liability for: (i) the content of the Personal Communication (in the terms of its lawfulness, adequacy, decency or in other terms whatsover), (ii) not managing to deliver the Personal Communication (this disclaimer is valid under the condition that the Provider used the Contact Information provided by the particular Service User for the delivery of the particular Personal Communication), (iii) the fact that the Recipients have not received and/or read the Personal Communication (this disclaimer is valid under the condition that the Provider used the Contact Information provided by the particular Service User with regard to the particular Recipients), and (iv) any emotional stress or other psychological effect that the Personal Communication could cause to the Recipients.
The Provider may post notices within the Service. The Provider may also send to you notices about products and services to the email address or telephone number you have provided to us. You are deemed to have received such notices at the latest within seven (7) days after the Provider’s sending or posting such notices. Your continued use of the Service constitutes your receipt of all the notices regardless of the delivery method.
Your use of the Service may be or may become subject to charges.
Any fees charged by the Provider will be announced separately in connection with the Service.
Use of the Service may involve transmission of data through your service provider’s network. Prices listed within the Service do not include any service provision charges by your network service provider. The Provider assumes no responsibility for the payment of any charges of your service providers.
In order to be able to use the Service, you have to place an Order within the Service. An "Order" shall mean a selection of payable content and/or subscription to the content offered by the Provider and available in the Service and submission of payment method, as well as submitting the order by selecting "buy", "ok", "I accept" or other similar confirmation of acceptance in the order flow or providing other indication of acceptance terms that are presented to you in the order flow.
To place an Order within the Service, you must be at least eighteen (18) years of age and be legally competent according to the applicable legislation.
You agree that all Orders shall be legally valid and binding. All Orders are subject to acceptance by the Provider. Unless otherwise is governed by these Terms, you will not be able to cancel your Order once it has been processed, or entitled to any refund on the basis of the respective cancellation.
Please note that the Provider may not be able to process any customer support request if you are unable to provide your transaction ID, which is provided to you by the Provider following your Order from the Service.
You may pay by a credit or a debit card, or by other payment methods, if available.
The Provider will charge your credit card or debit your bank account within a reasonable time after you have made your Order. All credit card payments are subject to validation checks and authorization by the card issuer.
You agree to pay the charges related to your Order, to ensure that the instrument of payment is valid at the time of the Order, and you confirm that you are the rightful holder of the instrument and that the instrument is used within its credit limits.
You agree to use the Service solely as permitted in these Terms and in any additional terms that you may be presented in the order flow.
The Service may offer subscriptions. You authorize the Service to place a periodical charge during the period of subscription. The Service may also offer a trial period. If your Order involves a trial period (also known as “try-and-buy”), you may be charged when the trial period expires, unless you unsubscribe in accordance with the subscription/trial terms.
Prices in the Service may change from time to time. Prices include applicable taxes in effect at the time of your transaction, unless otherwise stated. There may be instances where you will incur additional charges from your bank or credit card provider based on currency conversion rates used and/or additional fees assessed. The Provider assumes no responsibility for the payment of bank or any other third party service fees or charges.
By submitting any ideas, feedback and/or proposals (the "Feedback") to the Provider through the Service or other means, you acknowledge and agree that: (1) the Provider may have similar development ideas to the Feedback; (2) your Feedback does not contain confidential or proprietary information of you or any third party; (3) the Provider is not under any obligation of confidentiality with respect to the Feedback; (4) the Provider may freely use, distribute, exploit and further develop and modify the Feedback for any purpose; and (5) you are not entitled to any compensation of any kind from the Provider.
You may use features in the Service to share your location, status, content, materials or personal information or to interact with other users, sites and services. By using these features you agree that the Provider may use and provide that information to other services and persons with whom you choose to interact or share this information. Users of these services, and persons such as your contacts, may see your location, status and/or personal information. In using these features you agree not to share information, content or material or to link to any service or site that: (a) contains any content or other material that is illegal, indecent or inappropriate; or (b) exploits intellectual property rights without authorization or encourages other users to piracy or any other form infringement of intellectual property rights. None of the respective interactions involves the Provider and is solely between you and the other user(s).
The availability of the Service may vary and is subject to the Provider’s sole discretion. The Provider expressly disclaims any representation or warranty that any particular Service will be available. The Service may not be available in all countries and may be provided only in selected languages.
To access the Service, you may need to download a specific piece of software developed by Provider or by another party.
The Provider may, in its sole discretion, change, correct or discontinue the Service in whole or in part. The Service may not be available during maintenance breaks and other times. To ensure you have the latest Provider device software and applications, your device may automatically check for the availability of software updates from the Provider. If any are detected you will be prompted to approve the installation. You may disable automatic checking for updates through settings in your device. You may also install software through the available software update channels. If the Provider considers a software update to be important or critical you may not continue using the previous version of the software. The Provider may prevent your use of the previous version of the software or Service until you install the update.
The Provider may disable any content or software contained in your Service account for any reason, and remove any such content or software in order to protect the Service and/or any its legitimate interests and/or any affected or potentially affected parties.
A particular part of the Service may be a pre-release version, for example a beta release, and may not work in the way the final version works. The Provider may significantly change any software or any other content of the Service or any other part of the same or decide not to release the final version.
Our site and applications may contain links to other sites and services which are owned or operated by third parties and which are not part of the Service. You must review and agree to the terms and conditions of these sites or services, including their privacy policies, before using these sites or services.
The Provider has no control over third party content, sites or services, and assumes no responsibility for services provided or material created or published on these third-party sites or services. A link to a third-party site does not imply that the Provider endorses the site or the products or services referenced in the site.
In addition, you and other users may create content and links to content within the Service that has not otherwise been submitted to the Service. The Provider is not responsible for this type of content or links and makes no representation or warranty that any of such content or links will remain available for any period of time.
The Service may include advertisements. Advertisements may be targeted to the content or information stored on the Service, queries made through the Service, or other information.
The Provider may provide additional privacy information in connection with our products and services through service descriptions and other notices. Such information prevails over this Policy to the extent of any conflict.
By using this website and/or by submitting personal data to the Provider, you agree to the processing of your personal data as explained in this Policy. Please note that certain non-identifiable information collected from you may become personally identifiable when you provide us with your personal data.
We collect your personal data which you provide to us when you register with us, place an Order, request information from us, participate in activities on our site or interact with us in any other available manner. Below are the categories of data we collect.
Depending on your positioning settings and your use of location services of other service providers your device may connect to other service providers’ servers, which are not controlled or operated by the Provider. We recommend you to check the privacy policies of such service providers to understand how they process your location data. You can modify the positioning settings of your device from the device settings, for example change or disable positioning methods or location servers or modify the accuracy of your location data.
The Provider may process your personal data for the following purposes. Please note that one or more purposes may apply simultaneously.
Our products and services may be provided using resources and servers located in various countries around the world. Therefore your personal data may be transferred across international borders outside the country where you use our services, including countries which do not have laws providing specific protection for personal data or which have different legal rules on data protection. In such cases we take steps to ensure that there is a legal basis for such a transfer and that adequate protection for your personal data is provided as required by applicable law, for example, by using standard agreements approved by relevant authorities (where necessary) and by requiring the use of other appropriate technical and organizational information security measures.
We may be obligated by the applicable law to disclose your personal data to certain authorities or other third parties, for example to law enforcement agencies in the countries where we or third parties acting on our behalf operate. We may also disclose and otherwise process your personal data in accordance with the applicable law to defend our legitimate interests, for example, in civil or criminal legal proceedings, whenever we believe in good faith that a disclosure is required by the law.
If we decide to sell, buy, merge or otherwise reorganize our businesses in certain countries, this may involve our disclosing personal data to prospective or actual purchasers and their advisers, or receiving personal data from sellers and their advisers.
We take reasonable steps to keep the personal data we possess accurate and to delete incorrect or unnecessary personal data. Since confidentiality and security of your personal data is very important to us, we have implemented relevant security measures in order to protect your personal data from unauthorised access, disclosure, use or modification. Nevertheless, please take into consideration that, despite our best efforts, no security measures are perfect or impenetrable.
As certain Provider’s products and services may allow you to manage your profile, we encourage you to access your personal data from time to time to ensure that they are correct. Please remember that in case of any changes it is your responsibility to update the personal data you have provided us with.
We limit the access to our data bases containing personal data to authorized persons having a justified need to access such information. These persons are obliged to preserve confidentialy of the respective data.
We may also utilize so-called locally stored objects, such as Flash local shared objects ("Flash cookies") or HTML5 Web Storage. Locally stored objects are used for similar purposes as cookies but typically may contain a greater amount and different types of data compared to browser cookies.
We may also use third party advertizing technologies, such as DoubleClick, to serve ads. DoubleClick uses a cookie to collect information about your visits to the Provider's website and third party websites. This information will be used to serve ads on the Provider’s and third party websites. The collected information will not be directly personally identifiable nor will DoubleClick share the information with third parties.
You have the right to know what personal data we hold about you. You have the right to have incomplete, incorrect, unnecessary or outdated personal data deleted or updated. You have the right to unsubscribe from marketing messages and to request that we stop processing your personal data for direct marketing or market research purposes. However, if you opt-out from marketing and other communications from the Provider, we may still send you critical alerts pertaining to our products and services or contact you for these purposes unless prohibited under applicable law.
In some cases, especially if you wish us to delete or otherwise stop processing your personal data, this may mean that we may not be able to continue providing the services to you or taking account of your interests and preferences.
Please note that the Provider may need to identify you and to ask for additional information in order to be able to fulfill your request.
Please also note that the applicable law may contain restrictions and other provisions that relate to your rights.
The Provider may from time to time change this Policy or change, modify or withdraw access to this site at any time with or without notice. However, if this Policy is changed in a material, adverse way, The Provider will post a notice advising of such change at the beginning of this Policy and on this site's home page for 30 days, and, if required by the applicable law, we will ask for your consent. We recommend that you review this Policy from time to time to learn of any such changes to this Policy. You are responsible for regularly reviewing the Policy. Your continued use of the Service constitutes your consent to any changes and modification of the same.
If you have any comment or question about this Policy, please contact us through firstname.lastname@example.org.
The Service is provided on “AS IS” and “AS AVAILABLE” basis. The Provider does not warrant that the Service will meet your requirements or that its operation will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title, non-infringement of third party rights, merchantability, fitness for a particular purpose, satisfactory quality, accuracy, validity, availability, timeliness, legality, completeness or quiet enjoyment, is made in relation to operation or content of the Service. You expressly agree and acknowledge that the use of the Service is at your sole risk and that the entire risk as to satisfactory quality, performance and accuracy is with you.
To the largest extent permissible under the applicable law, the Provider will in no case be liable, whether in contract or tort, for any direct, indirect, incidental, special, punitive, consequential or any other damages resulting from or in connection with your use or inability to use the Service, even if advised of the possibility of such damages.
You agree to defend and indemnify the Provider from and against all third party claims and all liabilities, assessments, losses, costs (including attorney's fees) or damages resulting from or arising out of (i) your breach of the Terms, (ii) your infringement or violation of any intellectual property rights, other rights or privacy of a third party, or (iii) misuse of the Service by a third party where the misuse was made possible by your failure to take reasonable measures to protect your username and password against misuse.
The Service as a whole, its name and its integral parts are, to the largest extent applicable, intellectual property works owned by or duly licensed to the Provider and, as such, protected under international intellectual property conventions and agreements and intellectual property legislation of the applicable law.
Subject to the Terms and to the largest extent applicable, the Provider retains all the rights, title and interest in the Service, the site, the software and in all other content or other properties provided to you or used by you through the Service. You are not entitled to any other use of the Service (or any part thereof) apart from the use which is allowed to you under these Terms. Any unauthorized use of the Service (or any part thereof) shall constitute an infringement of the respective intellectual property right of the Provider (owned by the Provider or duly licensed to the same) and may result in criminal prosecution and/or civil liability.
You may notify the Provider of copyright or any other intellectual property right's infringement on the Service by providing a written notice with “Intellectual Property Right Notification” in the subject line to email@example.com.
Your notice must:
The Provider may assign its rights and obligations under these Terms to any entity or person at its sole discretion. Additionally, the Provider may assign its rights and obligations under these Terms to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise
The Terms are governed by the laws of Delaware without regard to its conflicts of law provisions.
The Terms neither exclude nor limit any of your mandatory rights in your country of residence that cannot be waived by the law.
If a provision of the Terms is found to be invalid or uneforceable, the remaining provisions will not be affected and the invalid or unenforceable provision will be replaced with a valid and enforceable provision that comes closest to the result and purpose of the Terms.
In the event one or more provisions of these Terms are not relevant to your use of the Service, it shall not impact the validity or enforceability of any other provision of the Terms or the Terms as a whole.
The provisions of the Terms that are intended to survive termination of your registration remain valid after termination, if applicable.
The Provider may from time to time change these Terms or change, modify or withdraw access to this site at any time with or without notice. However, if these Terms are changed in a material, adverse way, the Provider will post a notice advising of such change at the beginning of these Terms and on this site's home page for 30 days, and, if required by applicable law, we will ask for your consent. We recommend that you review these Terms from time to time to learn of any such changes to the same.
You are responsible for regularly reviewing the Terms. Your continued use of the Service constitutes your consent to any changes and modification of the same.
If you have any comment or question about these Terms, please contact us through firstname.lastname@example.org.
The Terms are made and provided in the English and Spanish langugages. Both versions have the same legal force and effect, however, in case of any discrepancy between the English and Spanish version, the English version shall prevail.