Terms Of Service and Legal Disclaimer
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Please note that this site is under constant development. New services are added frequently and this agreement may therefore be modified in the near future. It is important to check back to this page the next time you visit.
General Rules
The Atlantic Monthly Group, Inc. (“The Atlantic”) owns and operates several public-facing websites, including theatlantic.com and theatlanticwire.com (collectively, the “Sites”).
Your use of the Sites and all their products and services, regardless of media, is subject to the terms, conditions and disclaimers set forth below and from time to time throughout the Sites, to our Online Privacy Policy, and to all applicable laws and regulations. In addition, The Atlantic reserves the right to terminate access to the Sites for any reason, and to take any other actions that The Atlantic, in its sole discretion, believes to be in the interest of the company and of its users and customers as a whole. The Atlantic reserves the right to modify these disclaimers, terms and conditions of access, without advance notice.
This is a binding contract between The Atlantic and you. By your acceptance of this agreement and use of the Sites, and as a material condition of such use, you warrant that you are over the age of eighteen and that you have provided accurate and complete information in any communication with The Atlantic.
Access
Access to the Sites is provided free of charge and does not create a professional services relationship or any other relationship with The Atlantic.
You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Sites. You may not transfer to or store any data residing or exchanged over the Sites in any electronic network for use by more than one user unless you obtain prior written permission from The Atlantic Monthly.
For any images, text, data or other information (referred to here as "Content") you submit to The Atlantic, including profile information, chat room or forum pages, and any e-mail, you warrant that you own the right to utilize, to license and to sublicense the Content and you grant to The Atlantic a non-exclusive, worldwide, paid-up and royalty-free perpetual license, including right of sublicense, to use, display, distribute, perform, reproduce in whole or in part, modify and create derivative works from the Content, in any media.
Intellectual Property
The Atlantic and the Sites, and all other text and images contained on the Sites and in The Atlantic's products are protected by United States trademark and copyright law and other applicable law and are the property of The Atlantic, except as otherwise identified. All copyrights and trademarks not the property of The Atlantic that are used or referred to in the Sites and The Atlantic's products are the property of their respective owners. Nothing contained in the site or other products shall be construed as granting any license or other rights to any copyright, trademark, patent or other property of The Atlantic or any third party, whether by implication, laches, estoppel or explicit grant. Because the content is proprietary, any unauthorized use of materials on the site or other products may violate the law.
The Atlantic's products, including third party and licensed materials on the site, may not be modified, reproduced, republished, retransmitted, or displayed except for personal use. Any use for a commercial or public purpose requires specific written permission from The Atlantic.
Acceptable Use Policy
You are solely responsible for any and all acts and omissions that occur during or relating to your use of the Sites, and you agree not to engage in unacceptable use of the Sites, which includes, without limitation, use of the Sites to:
• Disseminate or transmit "spam," unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication,You understand that by using the Sites, you may be exposed to Content that may offend you or challenge your beliefs. Your remedy is to avoid such Content by discontinuing your access.
• Disseminate or transmit material that to a reasonable person may be abusive, obscene, defamatory, harassing, grossly offensive, vulgar, threatening or malicious, or any Content that is unlawful, is intended to be used for any unlawful purpose, is false or misleading, or that actually or potentially infringes the copyright, trademark, patent, trade secret or other right of any person, including The Atlantic; (b) any material, non-public information about companies without the authorization to do so;
• Create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication;
• Purchase, sell, or offer to purchase or sell any equity or security or market instrument, or to provide information designed to manipulate any equity or security or market;
• Interfere, disrupt, or attempt to gain unauthorized access to other profiles or accounts on the Sites or any other computer network;
• Print out or otherwise copy or use any personally identifiable information about other users;
• Disseminate or transmit viruses, Trojan horses, worms, defects, date bombs, time bombs or other items of a destructive nature or any other malicious code or program;
• Express or imply that any statements you make are endorsed by us;
• Restrict or inhibit any other visitor or member from using the Sites, including, without limitation, by means of "hacking" or defacing any portion of the Sites;
• Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Sites;
• Remove any copyright, trademark or other proprietary rights notices contained in the Sites;
• "Frame" or "mirror" any part of the Sites;
• Engage in any other activity deemed by The Atlantic to be in conflict with the spirit or intent of this agreement.
Content and Non-Endorsement
Opinions and other statements expressed by users and third parties are theirs alone, not opinions of The Atlantic. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. The Sites and third parties may provide links to web pages, web sites, and various resources or locations on the web. The Atlantic has no control over the information you access via such links, does not endorse that information, and shall not be responsible for it or for the consequences of your use of that information.
If you have a copyright complaint about any information on the Sites, follow the procedure on this page. If you are aware of any communication in a chat room, forum, or comment area on the Sites that is unlawful, infringes the property rights of The Atlantic, a user, or a third party, or otherwise fails to conform to these Terms of Service, please send an e-mail notification with the subject "Inappropriate Use" to webhelp@theatlantic.com.
The Atlantic does not initiate, edit, modify, select, or designate specific recipients for any messages or other data entered into the chat rooms or online forums or any other part of the Sites, except that (i) The Atlantic may consolidate and edit for clarity any Content posted to chat rooms or online forums, (ii) The Atlantic may inform registered users or third parties of particular content, ask for their response, or ask them to host discussions, and (iii) The Atlantic reserves the right to monitor the Sites and to remove any information that The Atlantic, in its sole discretion, considers to be inappropriate or unlawful. The exercise of such rights shall not create an obligation for The Atlantic to monitor, screen or edit Content on the Sites in any way.
Please note that, because The Atlantic and its designees host message boards, commenting opportunities, reviews and feedback areas and other forums found on the Sites (collectively, the "Forums and Comment Areas") and, therefore, redistribute materials you give to us, The Atlantic requires certain rights in those materials. Accordingly, by sending or transmitting to The Atlantic creative suggestions, ideas, notes, concepts, information or other materials (collectively, "Submissions"), or by posting such Submissions to any area of the Sites, you grant The Atlantic and its designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on the part of The Atlantic and The Atlantic will not be liable for any use or disclosure of any Submissions.
Forums and Comment Areas
The Forums and Comment Areas are designed to permit you to share your ideas and opinions. Information on the Forums and Comment Areas is provided by our staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with us. You acknowledge that a large volume of information is available in our Forums and Comment Areas and that people participating in such Forums and Comment Areas occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. The Atlantic neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Sites or Forums and Comment Areas by third parties. The opinions expressed in the Forums and Comment Areas reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of The Atlantic. The Atlantic is not responsible for any errors or omissions in postings in the Forums and Comment Areas, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will The Atlantic or its affiliates, be liable for any loss or damage caused by your reliance on such information obtained through the Sites or the Forums and Comment Areas.
We have no obligation to monitor the Forums and Comment Areas, or any Submissions or other materials that you or other third parties transmit or post on the Forums and Comment Areas. You acknowledge and agree that The Atlantic has the right (but not the obligation) to monitor the Forums and Comment Areas and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a Forum or Comment Area); to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Sites properly; to protect ourselves, and our visitors; and to comply with legal obligations or governmental requests.
Additional terms applicable specifically to Post & Riposte and Comment Areas on the blogs and elsewhere are incorporated here by reference. Additional terms applicable to Post & Riposte can be found in full via this hyperlink. Additional terms applicable to comment areas on the blogs and elsewhere can be found in full via this hyperlink.
Limitation of Liability and Use
The Atlantic has worked to ensure the accuracy of the information it provides through its products and services, including through the Sites. This information frequently relies on data obtained from many sources, however, and The Atlantic cannot guarantee the accuracy of the information provided or any analysis based thereon.
YOU EXPRESSLY AGREE THAT THE USE OF THE ATLANTIC'S PRODUCTS AND SERVICES, INCLUDING THE SITES, IS AT YOUR SOLE RISK. SUCH PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND THE ATLANTIC MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ATLANTIC DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. NO ADVICE, OPINION OR OTHER INFORMATION OBTAINED THROUGH THE SITES OR FROM THE ATLANTIC, ORALLY OR IN ANY MEDIA, SHALL CREATE ANY WARRANTY FROM THE ATLANTIC NOT EXPRESSLY STATED IN THIS AGREEMENT.
THE ATLANTIC SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY'S FEES, UNDER ANY LEGAL THEORY INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, REGARDLESS OF WHETHER THE ATLANTIC MONTHLY WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify, defend and hold The Atlantic, its affiliates, licensors, suppliers, advertisers and sponsors, and its and their 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 this agreement, including any violation of the Terms of Service; (b) any allegation that any Content or other materials you submit to us or transmit to the Sites infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Sites.
Special Agreement on Fee-Shifting and Choice of Law
If you attempt to bring any legal action against The Atlantic based in any way on its products or services, including the Sites, you agree that, in the event you do not prevail or The Atlantic does prevail, you will reimburse The Atlantic for any costs and attorneys fees associated with their defense of the action.
The use of the Sites and any claim or dispute relating to the Sites shall be governed by the laws of the District of Columbia, without regard to its conflicts of law principles. Exclusive venue for any claim shall be in the state and federal courts located in the District of Columbia. Use of the Sites is unauthorized in any jurisdiction that does not affect all provisions of these Terms of Service, including without limitation this paragraph.
Severability
If any provision or portion of these Terms of Service is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.