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Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of the public license granted by this agreement, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synced in timed relation with a moving image.
Adapter's License means the license you apply to your Copyright and Similar Rights in your contributions to Adapted Material in accordance with the terms and conditions of this public license.
Copyright and Similar Rights means Copyright and/or Similar Rights closely related to Copyright including, without limitation, performance, broadcast, sound recording, and sui generis database rights, without regard to how the rights are labelled or categorized.
Provided that the term Copyright shall also include any claim to any Copyright that may subsist in the concerned work.
Provided further that the term Similar Right shall also include any claim to any Similar Right that may subsist in the concerned work/material.
Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements.
Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to your use of the Licensed Material.
Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this public license.
Licensed Rights means the rights granted to you subject to the terms and conditions of this public license, which are limited to all Copyright and Similar Rights that apply to your use of the Licensed Material and that the Licensor has authority to license.
Licensor means the individual(s) or entity(ies) granting rights under this public license.
Non-Commercial means not primarily intended for or directed towards Commercial Advantage or monetary compensation. For the purpose of this sub-clause, the term “Commercial Advantage” includes any unquantifiable or non-monetary advantage that an entity has obtained, obtains, or may obtain, over Atma, by engaging in activities that coincide or relate to any activity that has been, or is pursued by Atma. The term “Commercial Activities” further includes such activities, either announced publically or privately communicated to you, by Atma as to be pursued in future.
Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.
Sui Generis Database Rights means rights other than Copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world.
In order to use the Network, you must first complete the registration form and create a user name and password. During registration you are required to give contact information (such as name, company name, phone number and a verifiable email address). Atma uses this information to identify you and/or contact you about the services on the Network in which you have expressed interest.
You may optionally provide other related information if applicable (such as registration details, organisation address, organisation website, organisation logo or property photos) to Atma. Atma encourages you to submit this information accurately so it can be reflected properly on any saved data, printed data or pdf created by you through the Network.
From time-to-time Atma may provide you updates, newsletters and the opportunity to participate in surveys on the Network. Atma may use a third party service provider to conduct these surveys.
Atma will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account.
Atma may store information that Atma collects through cookies, sessions, log files, clear gifs, web beacons, and/or third party sources to create a profile of your preferences.
Atma will send you service-related announcements on rare occasions when it is necessary to do so. For instance, if the Network’s service is temporarily suspended for maintenance, Atma could send you an email.
In order to provide certain valuation or marketing based services to you, Atma may on occasion supplement the personal information you submitted to the Network with information from third party sources.
If you no longer wish to receive our newsletter or update communication by email, you may opt-out of receiving them by following the instructions included in each newsletter or update communication. Further, if you do not wish to provide information sought in the survey, you have the choice to not participate in the survey. You furnish information on a voluntary basis while participating in a survey.
Atma may employ a software technology called clear gifs (also known as Web Beacons/Web Bugs), that helps Atma better manage content on the Network by informing Atma what content is effective. Atma may tie the information gathered by clear gifs to your personally identifiable information.
Atma may use clear gifs in HTML-based emails to know which emails have been opened by recipients. If you would like to opt-out of these emails, please see “Choice/Opt-out.”
For the purposes of this clause, the following terms are assigned the definitions as set out hereunder.
(i) “Co-brander” means any person or entity approved by Atma to be designated as such.
(ii) “Co-Brander’s Marks” means the Co-Brander’s domain name, logos and trademarks provided by Co-Brander to Atma under a Co-Branding Agreement.
(iii) “Atma’s Marks” means the domain name and Atma’s logos and trademarks provided by Atma to Co-Brander under this Agreement.
(iv) “Advertisements” means advertisements and sponsorships to be placed on the Branded Pages.
(v) “Branded Pages” means the pages accessible via the Domain Name, social media pages and email marketing campaigns that incorporate and integrate the Co-Brander Content and the Atma Content.
(vi) “User” means any person who accesses or attempts to access the Branded Pages.
(vii) “Atma(s) Content” means the materials provided by or created by or on behalf of Atma (such as the Marks, an HTML template for the “look and feel” of the Branded Pages, files, data and formulae) for incorporation into the Branded Pages.
(i)License Grant by Atma. Upon a notification to this effect communicated to the Co-Brander, Atma may grant a non-exclusive, worldwide license to:
1. use the Marks on the Branded Pages;
2. reproduce Atma’s content and modify it only to the extent necessary to create Branded Pages and
3. reproduce, distribute, publicly perform, publicly display and digitally perform the Branded Pages via the internet on and from server(s) located on the Co-Brander’s premises.
Where no such notification is communicated under this sub-clause, the Co-Brander shall merely have a license to use Atma’s contents on an “as-is” basis, without making any modification whatsoever.
Provided that in any case, the Co-Brander shall have no right to sublicense the foregoing rights (including without limitation to Web hosts or ISPs) or reuse Atma’s Content without Atma’s prior written consent. Any rights not expressly granted by Atma to the Co-Brander are reserved by Atma, and all implied licenses are disclaimed. The Co-Brander shall not exceed the scope of the licenses granted hereunder.
(ii)Ownership of Marks, Atma’s Content and Branded Pages. All right, title and interest in and to the Marks, Atma’s Content and the Branded Pages (other than the Co-Brander Content) (including without limitation all rights therein under copyright, trademark, trade secret and similar laws) shall remain with Atma’s or its licensors and/or suppliers
(iii)Ownership of Co-Brander Content. All right, title and interest in and to the Co-Brander Content (including without limitation all rights therein under copyright, trademark, trade secret and similar laws) shall remain with the Co-Brander or its licensors and/or suppliers.
(iv)Quality Control and Use Restrictions. The Co-Brander shall use the Marks exactly in conformance with Atma’s trademark usage policies as communicated to the Co-Brander from time to time. Atma may immediately terminate the Co-Brander’s license to use the Marks if Atma reasonably believes that such use dilutes, tarnishes or blurs the value of the Marks. The Co-Brander acknowledges that the Co-Brander’s use of the Marks will not create in it, nor will it represent it has, any right, title or interest in or to the Marks other than the license granted by Atma above. The Co-Brander will not challenge the validity of or attempt to register any of the Marks or its interest therein as a licensee, nor will it adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the Marks. The Co-Brander acknowledges Atma’s and its affiliates’ ownership and exclusive right to use the Marks and agrees that all goodwill arising as a result of the use of the Marks shall inure to the benefit of Atma and its affiliates.
(v)Restrictions. Atma may terminate the foregoing license if, in its sole discretion, the Co-Brander’s use of the marks does not conform to the Atma’s standards. Alternatively, Atma may specify that certain pages of the Co-Brander’s website may not contain Atma’s Marks. Title to and ownership of Atma’s marks shall remain with Atma. The Co-Brander shall not form any combination marks with Atma’s Marks. The Co-Brander shall not take any action inconsistent with Atma’s ownership of the marks and any benefits accruing from use of such trademarks shall automatically vest in Atma.
(vi)Notification of Unauthorized Use. The Co-Brander agrees to notify Atma of any unauthorized use, unfair competition or other infringement by other persons relating to Atma’s Mark promptly after such infringement comes to the Co-Brander’s attention.
(vii)Atma may request that the Co-Brander modify the design of the Branded Pages. The Co-Brander shall, at its sole expense, use commercially reasonable efforts to modify the design of the Branded Pages in accordance with Atma’s requests within three (3) business days of receipt of Atma’s written request. For modifications that would be commercially unreasonable to make within three (3) business days, the parties shall in good faith agree on a reasonable schedule for completion of such modifications. No modifications to the Branded Pages may be made by the Co-Brander without Atma’s prior written consent.
If you seek a license that grants rights beyond what is granted by this clause, you may contact Atma at email@example.com.
Subject to the terms and conditions of the public license, Atma hereby grants you a worldwide, royalty-free, non-sub-licensable, non-exclusive license to exercise the Licensed Rights in the Licensed Material to:
i. reproduce and Share the Licensed Material, in whole or in part, for Non-Commercial purposes only; and
ii. produce, reproduce, and Share Adapted Material for Non-Commercial purposes only.
The term of the Public license is specified in Section V(a).
Atma authorizes you to exercise the licensed rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. Atma waives and/or agrees not to assert any right or authority to forbid you from making technical modifications necessary to exercise the licensed rights, including technical modifications necessary to circumvent effective technological measures. For purposes of the public license, simply making modifications authorized by this Clause never produces Adapted Material.
ii. No downstream restrictions: you may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
Nothing in this public license constitutes or may be construed as permission to assert or imply that you are, or that your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, Atma or others designated to receive attribution as provided in Clause V.
Moral rights, such as the right of integrity, are not licensed under the public license, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, Atma waives and/or agrees not to assert any such rights held by Atma to the limited extent necessary to allow you to exercise the Licensed Rights, but not otherwise.
Patent and trademark rights are not licensed under the public license.
To the extent possible, Atma waives any right to collect royalties from you for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases Atma expressly reserves any right to collect such royalties, including when the Licensed Material is used other than for Non-Commercial purposes.
Your exercise of the Licensed Rights is expressly made subject to the conditions here below.
If you Share the Licensed Material (including in modified form), you must:
i. Retain the following if it is supplied by Atma with the Licensed Material:
1. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by Atma (including by pseudonym if designated);
2. a Copyright notice;
3. a notice that refers to the public license;
4. a notice that refers to the disclaimer of warranties;
5. a URL or hyperlink to the Licensed Material to the extent reasonably practicable;
ii. Indicate if you modified the Licensed Material and retain an indication of any previous modifications; and
iii. Indicate the Licensed Material is licensed under the public license, and include the text of, or the URL or hyperlink to, this public license.
You may satisfy the conditions in Clause V in any reasonable manner based on the medium, means, and context in which you share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URL or hyperlink to a resource that includes the required information.
If requested by Atma, you must remove any of the information required by Clause V to the extent reasonably practicable.
If you share Adapted Material you produce, the Adapter's License you apply must not prevent recipients of the Adapted Material from complying with the public license.
Where the Licensed Rights include Sui Generis Database Rights that apply to your use of the Licensed Material:
a. For the avoidance of doubt, Clause IV(b) grants you the right to extract, reuse, reproduce, and share all or a substantial portion of the contents of the database for Non-Commercial purposes only;
b. If you include all or a substantial portion of the database contents in a database in which you have Sui Generis Database Rights, then the database in which you have Sui Generis Database Rights (but not its individual contents) is Adapted Material; and
c. You must comply with the conditions in Clause V if you Share all or a substantial portion of the contents of the database.
For the avoidance of doubt, Clause VI supplements and does not replace your obligations under the public license where the Licensed Rights include other Copyright and Similar Rights.
Unless otherwise separately undertaken by the Licensor, to the extent possible, Atma offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to you.
To the extent possible, in no event will Atma be liable to you on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of the public license or use of the Licensed Material, even if Atma has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to you.
The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.
The public license applies for the term of the Copyright and Similar Rights licensed here. However, if you fail to comply with the public license, then your rights under the public license terminate automatically.
Where your right to use the Licensed Material has terminated under Clause VIII, it reinstates:
1. Automatically as of the date the violation is cured, provided it is cured within 30 days of your discovery of the violation; or
2. Upon express reinstatement by the Licensor.
For the avoidance of doubt, Clause VIII does not affect any right Atma may have to seek remedies for your violations of the public license.
For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Public license.
Clauses I, VII, VIII and IX survive termination of the public license.
Content or Information provided by the Network is for informational purposes only. You acknowledge and agree that the form and nature of the Information which the Network provides may require certain changes in it. Therefore, Atma reserves the right to make changes and corrections to any part of the content or Information, at any time without prior notice, and without any liability.
Atma reserves the right to suspend/cancel, or discontinue any or all information at any time without notice.
Atma collects aggregated statistics on traffic within the App, and displays on the App, relevant information regarding the verticals of business listed on its App, such as the business location, reviews, contact number, and similar details. Atma takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Atma screens and vets the information, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
During the listing of business, the App may be linked to the website of third parties and their affiliates. Atma has no control over, and is not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the App. Inclusion of any link on the App does not imply that Atma endorses the linked site. The user uses such links and services at user’s own risk.
You expressly understand and agree that the information which is provided is on an “as is” basis. Atma, and its affiliates make no warranties or conditions of any kind (express, implied or statutory), including without limitation the implied warranties of title, non-infringement and fitness for a particular purpose. Atma does not give warranty that any aspect of the Network will work properly or will be available to users continuously.
Atma is not liable to you or any other person for damages of any kind, including without limitation any punitive, exemplary, consequential, incidental, indirect or special damages (including without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on your mobile or otherwise) arising from or in connection with use of the Network, the Information, the materials, your content, or any third party user generated information available on or through the Network, even if Atma has been advised of the possibility of such damages. These limitations shall apply notwithstanding the failure of essential purpose of any limited remedy.
Atma respects the intellectual property rights of others and require those who use the Information to do the same. In the event that any users of the Information infringe on others’ Copyrights, Atma reserves the right, in its sole discretion, to inter alia terminate those individuals’ rights to use the Information and terminate the user account. If you believe that your Copyright has been or is being infringed upon by material found in the Information, you are required to notify Atma by sending a written communication or contact Atma at firstname.lastname@example.org.
Information Collection &
2.1 How Personal
Information is Collected and Used
During registration you are required to give contact information (such as name and a verifiable email address). Atma uses this information to identify you and/or contact you about the services on our site in which you have expressed interest.
You may optionally provide other related information if applicable (such as name, position, professional license number, organisation address, organisation phone number, organisation website, organisation logo or property photos) to Atma; we encourage you to submit this information accurately so it can be reflected properly on any saved data, printed data or pdf created by you through the Site.
From time-to-time Atma may provide you the opportunity to participate in surveys on theSite. If you participate, Atma will request certain personally identifiable information from you. Participation in these surveys is completely voluntary and you therefore have a choice whether or not to disclose this information
2.2 Use of Personal
Information Within Atma
In order to provide certain valuation or marketing based services to you, Atma may on occasion supplement the personal information you submitted to Atma with information from third party sources.
Atma may store information that it collects through cookies, sessions, log files, clear gifs, web beacons, and/or third party sources to create a “profile” of your preferences. Atma may tie your personally identifiable information to information in the profile, in order to provide tailored marketing offers and to improve the content of the site for you.
Atma does not link aggregate user data with personally identifiable information other than what is explained above under ‘Profile’.
Newsletters and Service-related Announcements
Based on Personal Information you provide Atma through the Site, Atma will occasionally send you information on updates to the site, newsletters and service related-announcements.
As is true of most Web sites, Atma may gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
Atma uses this information, which does not identify individual users, to analyze trends, to administer the Site, to track users’ movements around the Site and to gather demographic information about Atma’s user base as a whole.
Based upon the personally identifiable information you provide Atma, Atma will send you a welcoming email to verify your email address. Atma will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account.
2.3 When Personal
Information is shared outside Atma
Atma will not share the personally identifiable information you provide through a survey with other third parties unless Atma gives you prior notice and choice.
Atma does not share your profile individually with other third parties. If shared, Atma shares your profile in aggregate form only. This may be used to determine the number of unique users or number of unique requests to our site or aggregated data based on unique user provided data which could be shown on theSite or in media releases. For example Atma may show the number of unique users by state code without individually identifying you or your exact location.
Atmamay share personally identifiable information with third parties for the purposes of determining the number of unique users or unique page views. This information may include location and/or device information.
2.4 Security of
Your Personal Information
The security of your personal information is important to Atma. When you enter sensitive information such as passwords on our registration or login forms, Atma encrypts that information using secure socket layer technology (SSL).
Atma follows generally accepted industry standards to protect the personal information submitted to Atma, both during transmission and upon Atma’s receipt of it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while Atma strives to use commercially acceptable means to protect your personal information, Atma cannot guarantee its absolute security.
Atma shares aggregated demographic information about Atma’s user base with Atma’s partners and advertisers. This information does not identify individual users. This may be used for targeted add marketing or to develop aggregated user data for media purposes.
Atma may also use third party applications,to track non-personally identifiable information about visitors to theSite in the aggregate. The data collected may contain but may not be limited to device or location data which helps Atma improve your unique experience.
Information Transmission Clauses
Atma may set a persistent cookie to store your passwords, so you don’t have to enter it more than once. Persistent cookies also enable Atma to track and target the interests of Atma’s users to enhance the experience on theSite.
4.2 Clear Gifs(Web
Atma may employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that helpsAtma better manage content on theSite by informing Atma what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. Atma may tie the information gathered by clear gifs to Atma’s customers’ personally identifiable information.
Atma may use clear gifs in Atma’s HTML-based emails to let Atma know which emails have been opened by recipients. This allows Atma to gauge the effectiveness of certain communications and the effectiveness of Atma’s marketing campaigns.
Accessible through Links to Other Websites on the Site
This Web site contains links to other sites that are not owned or controlled by Atma. Please be aware that Atmais not responsible for the privacy practices of such other websites. Atma encourages you to be aware when you leave theSite and to read the privacy statements of each and every website that collects personally identifiable information.
This privacy statement applies only to information collected by theSite.
5. Disclosure of
Atma reserves the right to disclose your personally identifiable information as required by law and when Atma believes that disclosure is necessary to protect Atma’s rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site. The legal proceeding or request may prohibit Atma from contacting you and informing you of this request.
6. Amendments to
7. Contact Us