Acceptance of Terms
Personal Use Limitation
Unless otherwise specified, the Services are for your personal use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
Privacy and Protection of Personal Information
Membership, Password, and Security
Many of the Services require you to be a member of Fractured Atlas, and to be eligible to use those Services you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, as well as pay any relevant membership fees. When you join Fractured Atlas, you will choose a password to go with your username and/or email address. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT. You agree to notify Fractured Atlas immediately of any unauthorized use of your account or any other breach of security. Fractured Atlas will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Fractured Atlas or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the express permission of both the account holder and Fractured Atlas.
No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Fractured Atlas server, or the network(s) connected to any Fractured Atlas server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Fractured Atlas server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Transactions with Fractured Atlas Members
Some of the Services allow you to purchase goods or services from Fractured Atlas members or other third parties. Examples include, but are not limited to, tickets purchased on Artful.ly or space rentals conducted through SpaceFinder. Fractured Atlas is not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the contents of their web sites. We do not assume any responsibility or liability for the actions, product, and content of these and any other third parties. You should carefully review their privacy statements and other conditions of use.
You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. The sale or purchase of tickets to entertainment events or other services may be regulated by certain state, county and city laws or regulations. You acknowledge that complying with laws is your responsibility, and YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes. You agree that you will only use credit cards belonging to you or to some person or entity who expressly authorizes such use, for the purpose of making purchases or donations. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol (IP) addresses or email addresses to use or to purchase the Services. You grant us the right to provide any information you submit to third parties for purposes of facilitating the completion of any transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any purchase or donation.
Price and availability of any product or service are subject to change without notice. Refunds and exchanges will be subject to our refund and exchange policies then in effect.
Any dispute relating in any way to products or services sold by or on behalf of third parties through the Sites, such as tickets to performance events or space rentals, shall be between the purchaser of such products or services and the third party. Fractured Atlas reserves the right to refund any money paid for third party products and services through its web site without regard to the outcome of any dispute between the purchaser and the third party selling the products or services.
Any other disputes relating to your use of the Sites in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $1,000.00 shall be adjudicated in any state or federal court in New York County, New York, and you consent to exclusive jurisdiction and venue in such courts.
Donations in Support of Fiscally Sponsored Projects
If you make a donation to Fractured Atlas for the purposes of supporting one of our fiscally sponsored projects, you understand that your gift is being made to Fractured Atlas, Inc. In accordance with Internal Revenue Service rules, we must retain variance power over the donation. This means that Fractured Atlas reserves the right to spend donated funds so as to best accomplish our charitable purposes, in our own sole discretion.
The Services may contain message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
Fractured Atlas has no obligation to monitor the Communication Services. However, Fractured Atlas reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Fractured Atlas reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Fractured Atlas reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in it's sole discretion. Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Fractured Atlas does not control or endorse the content, messages or information found in any Communication Services and, therefore, Fractured Atlas specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
Materials Provided to Fractured Atlas or Posted at any Fractured Atlas Website
Disclaimer of Warranties and Limitation of Liability
THE SITES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES OR ANY OTHER RELATED WEB SITE ARE PROVIDED BY US AS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS OR ANY OTHER RELATED WEB SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS OR ANY OTHER RELATED WEB SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS OR ANY OTHER RELATED WEB SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS OR ANY OTHER RELATED WEB SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS OR ANY OTHER RELATED WEB SITE, THEIR SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS OR ANY OTHER RELATED WEB SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS OR ANY OTHER RELATED WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
You agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these TOU and any dispute of any sort that might arise between you and us.
These TOU shall remain effective until terminated. We reserve the right to immediately terminate these TOU, and your access to and use of the Services or any portion thereof, at any time and for any reason, with or without cause. Upon termination of these TOU, your right to use the Services shall immediately cease, and you shall destroy all materials obtained from the Sites and all copies thereof, whether made under these TOU or otherwise. You agree that any termination of your access to or use of the Sites may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it, and bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Sites or the Services or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
Suspected Violation of these TOU or Law; Injunctive, Equitable Relief, and Liquidated Damages
Violations of these TOU, including unauthorized use of the Sites, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress. You understand and agree that in our sole discretion, and without prior notice, we may terminate and block your access to the Sites, cancel any purchases acquired, refuse to honor pending and future purchases made from all credit card accounts or online accounts we believe may be associated with you, cancel a purchase associated with any person acting or believed to be acting in concert with you, cancel your postings, or exercise any other remedy available, if we believe that your conduct or the conduct of any person with whom we believe you act in concert, violates or is inconsistent with these TOU or the law, or violates our rights, the rights of a client of ours or those of another user of the Sites. Violating any limitations or terms on the Sites, including but not limited to utilizing automated means to process or place ticket orders or ordering a number of tickets on Artful.ly that exceeds the stated limit, will be deemed to be a violation of these TOU. If we are unable to verify or authenticate any information you provide during any registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your Services or purchases may be cancelled, we may refuse to honor all pending and future purchases made on such credit card accounts and on any online accounts associated with such credit card accounts, and you may be prohibited from using the Sites.
You agree that monetary damages may not provide us a sufficient remedy for violations of these TOU and you consent to injunctive or other equitable relief for such violations.
You agree that abusive use of the Sites, as defined above, causes damage and harm to us in the form of, among other things, impaired goodwill, lost sales, and increased expenses associated with responding to abusive use of the Sites. You further agree that monetary damages for abusive use of the Sites are difficult to ascertain and that proof of monetary damages for abusive use would be costly and difficult to calculate. Accordingly you agree that liquidated damages are warranted for abusive use. Therefore, you agree that if you, or others acting in concert with you, alone or collectively request more than 100 pages of the Site in any twenty-four hour period, you, and those acting in concert with you, will be jointly and severally liable for liquidated damages in the amount of twenty-five cents ($0.25) per page request each time that a page request is made after that first 100 during that twenty-four hour period. You also agree that this will be the measure of damages for any abusive use that occurred prior to this provision of these TOU being in effect.
We are not required to provide any refund to you if you have violated these TOU or any of our rights. Additionally, we reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Sites at any time, with or without notice to you. We also reserve the right, in our sole discretion, to impose limits on certain features and services and to restrict access to any part or to the Sites without notice to you. We shall not be liable to you or any third party for any claim or cause of action arising out of our exercise of the foregoing rights.
You agree to indemnify, defend and hold us, our affiliates, licensors, suppliers, advertisers and sponsors, and their respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these TOU; (b) and your activities in connection with the Sites.