Terms of use

These terms describe our reponsibility to our users. The full, binding text is below but the simple version is this: we offer access to the Atlos platform to help visual investigators catalog, verify, and share eyewitness media across their teams. To protect your security and privacy, we don’t moderate content added to the platform, except in cases where we’re legally obligated to. That means that if you use Atlos, you’re responsible for the content you add to it. If you have any questions, please reach out at [email protected].

Changelog

You can view a history of the changes made to these terms on GitHub.

Introduction

These Terms of Service contain an arbitration provision. Please review the Arbitration section for details.

These Terms of Service (“Terms”) govern your use of the Atlos website located at atlos.org (“Site”), any Atlos mobile application, application programming interfaces and other services offered by Atlos, Inc. (collectively with the Site, the “Services”). Atlos, Inc. (“Atlos”, “we,” “us” or “our”) provides the Services. “You” refers to you as a user of the Services.

By using the services, you are agreeing to these terms. We encourage you to read them carefully.

1. Eligibility

You must be at least 18 years old or the age of majority in your state of residence to use the Services.

2. Additional Terms

Some of our Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using that Service, you agree to the Additional Terms.

3. Functionality

The Service enables its users to create individual “incidents” on the Service where User Content may be uploaded, hosted and modified. Users may create groups of incidents, or projects (each, a “Project”). A creator of a Project will have the ability to allow other users of the Service to access the Project (“Collaborators”). The Projects are designed to be private, such that members of the public and other users (other than the creator and the Collaborators) may not access or view content within the Project. The creator of a Project will be able to exercise certain administrative functions with respect to such Project, including setting certain permissions for Collaborators (e.g., rights to view, rights to edit, etc.).

4. Acceptable Use of the Services

You are responsible for your use of the Services, and for any use of the Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Services, you may not:

violate any law or regulation;
violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
intentionally or knowingly post content that constitutes libel or defamation;
posting content that is false or inaccurate with the intent to deceive;
send unsolicited or unauthorized advertising or commercial communications, such as spam;
engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Services;
transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
stalk, harass, or harm another individual;
impersonate any person or entity, misrepresent your affiliation with any individual or entity, or use the username of another user with the intent to deceive, or perform any other similar fraudulent activity, such as phishing;
use any means to scrape or crawl any Web pages contained in the Site;
disrupt the Service by inundating Atlos with communications or other traffic that suggests no serious intent to use the Service for its stated purpose
knowingly access, tamper with, or use any of our non-public areas in our computer systems without authorization
attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services; or
advocate, encourage, or assist any third party in doing any of the foregoing. We reserve the right to exercise our enforcement discretion with respect to the above restrictions.

5. User Content

The Services allow you to upload, submit, store, send, or receive content and data (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content.

When you upload, submit, store, send, or receive User Content to or through the Services, you give us permission to reproduce and use your User Content as follows: you grant to us, entities we work with, and the Collaborators of the Workspace to which you upload your User Content, a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Services), publicly perform, publicly display, and distribute your User Content; provided, however, that we will not display your User Content outside of the Workspace you uploaded it to, unless the Service enables embedding on third party platforms and you choose to so embed your User Content. This license is for the limited purpose of operating, promoting, and improving the Services, and to develop new Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world and in any media. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Services. In general, however, we will only need to use your User Content for as long as you choose to store it with us using the Services.

You represent and warrant that:

you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and
your User Content (and our permitted use of it) does not and will not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Services for any reason.

6. Ownership; License

Other than User Content, we own or license all right, title, and interest in and to (a) the Services, including all software, text, media, and other content available on the Services (“Our Content”); and (b) our trademarks, logos, and brand elements (“Marks”). The Services, Our Content, and Marks are all protected under U.S. and international laws. The look and feel of the Site and Services are copyright © Atlos, Inc.. All rights reserved. The Service contains software licensed under the GNU General Public License (https://www.gnu.org/licenses/gpl-3.0.en.html) (the “GPL”). Your use of the source code of the Service is subject to the terms and conditions of the GPL. In the event of any conflict between any provision of these Terms and any provision of the GPL as it relates to your use of such source code, the relevant provision of the GPL shall control.

7. Copyright and Intellectual Property Policy

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

Your address, telephone number, and email address.
A description of the copyrighted work that you claim has been infringed.
A description of where the alleged infringing material is located.
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Atlos Copyright Compliance
Atlos, Inc.
2108 N St.
Ste. # 5207
Sacramento, CA 95816.

For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.

If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:

Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

8. Paid Services

The Services may make certain content, features and functionalities available to users on a subscription basis (the “Subscription Service”). To the extent the Subscription Service is provided, the following terms shall apply:

Subscription; Billing.

In order to access the Subscription Service, you will be required to provide a current, valid, accepted method of payment, as may be updated from time to time. Such payment method will be charged the applicable subscription fee for each billing period on the specific billing date indicated on your “Account” page on the Service, unless and until you cancel your subscription in accordance with the “Cancellation” section below. You remain responsible for any uncollected amounts. If payment is not received by us from your authorized payment method (due to expiration, insufficient funds or otherwise), you agree to promptly pay all amounts due upon demand by us, and we may suspend your access to the Subscription Service until we have successfully charged a valid payment method. We may change the fee charged for access to the Subscription Service at any time upon 30 days’ prior notice. You may cancel your subscription prior to the effective date of such change to avoid being charged the modified fee. Please note that payments are nonrefundable and we will not issue a refund or credit for partially used billing periods. By signing up for an account with the Subscription Service, you are granting a license to us (as further detailed in our Privacy Policy) to use, process, and share with our service providers and relevant billing vendors your account information in order to provide the Subscription Service.

Free Trials.

We may offer free trials to the Subscription Service. The duration of the free trial period will be as specified at the time you sign up for the Subscription Service. Eligibility for a free trial is determined by us at our sole discretion. At the conclusion of the free trial period, your subscription will automatically renew and you will be charged the subscription fee for your next billing cycle, unless you cancel your subscription (as instructed in the “Cancellation” section below) before the end of the free trial period. You can view the end date of your free trial period in your “Account” page on the Service.

Cancellation.

If you sign up for a Subscription Service offered by us, you must cancel your subscription before it renews in order to avoid billing of the subscription fees for the next billing cycle to the payment method you provided. You may cancel your subscription at any time and you will continue to have access to the Subscription Service until the end of your billing period, at which time your subscription will automatically end. You may cancel by following the instructions for cancellation on your “Account” page on the Service.

Updates to Payment Method; Customer Service. You may update the payment method associated with your account via your “Account” page on the Service. Your payment service providers may also provide us with updated information, which we may use to update the payment information associated with your account. For any billing or other customer service matters relating to your use of the Subscription Services, please contact: [email protected].

9. No Editorial Control; User Responsibilities

Generally, we do not contribute, monitor, or delete User Content, except pursuant to policies like these Terms, for legal compliance and/or to enforce our rights. Editorial control is in the hands of you and your fellow users who create and manage the User Content. We merely host the User Content and do not take any responsibility for it. We do not endorse any opinions expressed via the Service, and we do not represent or guarantee the truthfulness, accuracy, or reliability of any User Content. You are legally responsible for your edits and contributions to Atlos.

10. Privacy; User Account

Your privacy is very important to us. Our Privacy Policy explains how we collect, use, protect, and when we share your personal information and other data with others. You are responsible for maintaining the confidentiality of your account information, including your username and password. You are responsible for all activities that occur under your account and you agree to notify us immediately of any unauthorized access or use of your account. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account.

11. Links

The Services may contain links to other websites and online resources. A link to a third party’s website does not mean that we endorse it, are affiliated with it or control it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.

12. Changes to the Services

We may enhance, update or discontinue the Services at any time, with or without notice to you.

13. Termination

We reserve the right to not provide the Services to any person. We also reserve the right to terminate any user’s right to access the Services at any time, in our discretion. If you violate any of these Terms, your permission to use the Services automatically terminates.

14. Disclaimer and Limitations on Our Liability

YOU USE THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ATLOS AND ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

IN PARTICULAR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ATLOS AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SERVICES. OUR COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SERVICES.

YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.

You understand and agree that we have set our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.

15. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Atlos and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, relating to, any actual or alleged breach of these Terms by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

16. Informal Dispute Resolution

We try to address any disputes without the need to initiate a formal legal case. In the event you have any dispute with us, you shall first try in good faith to settle such dispute by providing written notice to us describing the facts of the dispute (including any relevant documentation) and allowing us thirty (30) days to respond before initiating any formal dispute resolution proceeding. Notices to us must be sent by mail to
Attn: Atlos Legal
Northwest Registered Agent, Inc. (#C3184722)
2108 N St, Suite N
Sacramento, CA 95816.

We will send any dispute related notice to you at the contact information we have for you. If for some reason the dispute is not resolved satisfactorily within thirty (30) days after receipt, any further dispute resolution will occur according to the provisions below. Engaging in this informal dispute resolution process is a requirement that must be fulfilled before commencing a formal dispute resolution proceeding, such as an arbitration or small claims court proceeding.

17. Arbitration Agreement & Waiver of Certain Rights

Except as set forth below, you and Atlos agree that we will resolve any controversies, claims, counterclaims, or other disputes between you and us or you and a third-party agent of ours (each a “Claim”) through binding and final arbitration, instead of through court proceedings, in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law prior to the date you agreed to these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. You and we hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, validity, applicability, enforceability, or formation of this Agreement including, but not limited to, a claim that all or any part of this Agreement is void or voidable. To begin an arbitration proceeding, you must send us an individual letter signed by you requesting arbitration and describing your claim at
Attn: Atlos Legal
Northwest Registered Agent, Inc. (#C3184722)
2108 N ST, STE N
Sacramento, CA 95816.

This letter must be sent at least five (5) days before you initiate an arbitration proceeding against us. Any party to the arbitration may, at any time more than ten (10) days before arbitration, serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to these Terms will be adjudicated and interpreted in accordance with California Code of Civil Procedure section 998.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class, consolidated or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated without prior written consent of the parties. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. This Section of the Terms will survive the termination of your relationship with us.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

18. Other Provisions

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws, rules or provisions.

You agree that any action of whatever nature relating to these Terms or the Services, except as otherwise set forth herein, will be filed only in the state or federal courts located in San Francisco, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.

The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

19. Changes to these Terms

From time to time, we may change these Terms or other policies incorporated in these Terms, like our Privacy Policy. If we change these Terms, we will give you notice by posting the revised Terms on the Site and notifying you within the Atlos platform. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use the Services after the revised Terms are posted on the Site, or by visiting, interacting with, or purchasing from us in any of our stores or elsewhere after we have sent you written notice of the revised Terms, you are agreeing to the revised Terms.

Thank You!

We appreciate your taking the time to read these Terms of Use, and we are very happy to have you using Atlos.