Terms of Service
As of: February 23, 2017, rev. Nov. 2, 2017
**PLEASE READ THIS DOCUMENT CAREFULLY. Metro Atlanta Chamber of Commerce d/b/a ChooseATL (“ChooseATL,” “we,” or “us”) offers an online community that allows users to view and upload content through its website located at http://www.thea.network (the “THEA Site”), mobile applications, connected TV applications, and other online services (collectively and including the THEA Site, the “THEA Network”). By visiting or by using the THEA Network or any ChooseATL products, software, data feeds, and services provided to you, from or through the THEA Network in any way (the “ChooseATL Service”), you accept these Terms of Service (“Terms”), which Terms forms a binding agreement between you and ChooseATL. If you do not wish to be bound by this Agreement, do not use the ChooseATL Service. **
- The ChooseATL Service:
(1) These Terms apply to all users of the ChooseATL Service, including users who not only view content provided on and through the ChooseATL Service but who also contribute Content on the ChooseATL Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the ChooseATL Service.
(2) The ChooseATL Service may contain links to third party websites that are not owned or controlled by ChooseATL. ChooseATL has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, ChooseATL will not and cannot monitor or edit the content of any third-party site. By using the ChooseATL Service, you release ChooseATL from any and all liability arising from your use of any third-party website.
- What information we may collect about you; · What we use that information for; and
- With whom we share that information.
III. User Accounts:
(1) All features of the ChooseATL Service may only be accessed after you create a user Account. To create a user account, you must provide a user name, password and valid email address. You must provide complete and accurate information when creating your account. We encourage you to use your real name. Use of someone else’s name, a name that violates any third party right, a name that is obscene or otherwise objectionable, or another individual’s or entity’s account without express permission is strictly prohibited. If you are a business, government, or non-profit entity, the person whose email address is used must have the authority to bind the entity to this Agreement. Further, if you are a business, government, or non-profit entity, you must use the actual name of your organization.
(2) You are solely responsible for all activity that occurs on your account, including any activity by authorized or unauthorized users. You must keep your account information and password secure. If you are using a computer that others have access to, you must log out of your account after using the ChooseATL Service. You are required to notify ChooseATL immediately of any breach of security or unauthorized use of your account. In the event that you become aware of unauthorized activity on your account, we encourage you to change your password.
(3) ChooseATL will not be liable for your losses caused by any unauthorized use of your account. However, you may be liable for the losses of ChooseATL or others due to such unauthorized use.
- Permission to Use The ChooseATL Service
ChooseATL grants you permission to access and use our service for your own personal purposes, limited by the following restrictions:
(1) You are not allowed to distribute any part of the ChooseATL Service or Content provided thereon in any medium without the prior written consent and authorization of ChooseATL.
(2) Alteration or modification of the ChooseATL Service in any way is strictly prohibited.
(3) Access of the Content by any technology or means other than the video playback pages of the ChooseATL Service, or other means expressly authorized by ChooseATL, is never allowed.
(4) Prohibited Commercial Use — The following commercial uses are prohibited without the prior written consent of ChooseATL:
- The receipt of payment for access to the ChooseATL Service; or
- Placing paid advertisements, sponsorships, or promotions on or within the ChooseATL Service or Content
(5) Allowable Commercial Uses — The following commercial uses are allowed on the ChooseATL Service:
- Upon approval by ChooseATL, you may contribute original Content to the ChooseATL Service promoting your business, community organization, or other for-profit enterprise.
- Any other use must be expressly authorized by ChooseATL in writing.
(6) You may not use, or cause to be used, any “internet robots,” “web spidering,” “offline readers,” or any other automated systems to access the ChooseATL Service in an overly excessive manner, to send requests or messages to the ChooseATL Service at a much higher rate than would be possible for a human alone. Notwithstanding the foregoing, ChooseATL grants public search engine operators permission to use web spidering to copy materials from the ChooseATL site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. ChooseATL reserves the right to revoke these exceptions either generally or in specific cases.
(7) You agree not to collect or maintain any personally identifiable information, including account names, from the ChooseATL Service, nor to use the communication systems provided by the ChooseATL Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the ChooseATL Service with respect to their Content.
(8) Your use of the ChooseATL Service must conform to all applicable laws.
(9) ChooseATL has the right to discontinue any aspect of the ChooseATL Service at any time.
- Using Content on the ChooseATL Service
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
(1) ChooseATL has ownership of, or licenses for the use of, all Content, and the trademarks, service marks and logos (“Marks”) on the ChooseATL Service, subject to copyright and other intellectual property rights under the law.
(2) ChooseATL provides Content to you AS IS. Content is available for your information and personal use solely as intended through the provided functionality of the ChooseATL Service and as permitted under these Terms. You are expressly prohibited from downloading any Content from the ChooseATL Service. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of ChooseATL or the respective licensors of the Content. ChooseATL and its licensors reserve all rights not expressly granted in and to the ChooseATL Service and the Content.
(3) You agree not to circumvent, disable or otherwise interfere with security-related features of the ChooseATL Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the ChooseATL Service or the Content therein.
(4) You understand that when using the ChooseATL Service, you will be exposed to Content from a variety of sources, and that ChooseATL is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that you believe is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ChooseATL with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless ChooseATL, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the ChooseATL Service.
- Your Content on the ChooseATL Service
(1) You may contribute Content, including videos and user comments, to the ChooseATL Service. Some Content requires ChooseATL’s approval before being shared on and through the ChooseATL Service. You understand and agree that ChooseATL does not guarantee any confidentiality with respect to any Content you contribute.
(2) You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the ChooseATL Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to ChooseATL all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the ChooseATL Service pursuant to these Terms.
(3) You own the Content you submit to the ChooseATL Service. By submitting Content, you grant ChooseATL and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your Content in connection with the ChooseATL Service and ChooseATL’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the ChooseATL Service (and derivative works thereof) in any media formats and through any media channels.
(4) You also hereby grant each user of the ChooseATL Service a non-exclusive license to access your Content through the ChooseATL Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the ChooseATL Service and under these Terms. The above licenses granted by you in Content you submit to the ChooseATL Service terminate within a commercially reasonable time after you remove or delete your Content from the ChooseATL Service. You understand and agree, however, that ChooseATL may retain, but not display, distribute, or perform, server copies of your Content that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
(5) You further agree that Content you submit to the ChooseATL Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant ChooseATL all of the license rights granted herein.
(6) You further agree that you will not submit to the ChooseATL Service any Content or other material that:
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains nudity, sexually explicit content or pornography;
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals; · Promotes fraudulent or dubious business schemes;
- Promotes a business entity, event or activity outside of the Atlanta metropolitan area; or
- Violates any law.
(7) ChooseATL does not endorse any Content submitted to the ChooseATL Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and ChooseATL expressly disclaims any and all liability in connection with Content. ChooseATL does not permit copyright infringing activities and infringement of intellectual property rights on the ChooseATL Service, and ChooseATL will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. ChooseATL reserves the right to remove Content without prior notice.
All videos submitted must also comply with the ChooseATL guidelines, which are incorporated in this Agreement and made a part herein by this reference.
VII. Code of Conduct
In using the ChooseATL service, you must behave in a civil and respectful manner at all times. Further, you will not:
- Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person; · Harm or exploit minors;
- Distribute “spam”;
- Collect information about others; or
- Advertise or solicit others to purchase any product or service within the ChooseATL Site (unless you are an official partner or advertiser and have a written agreement with ChooseATL).
ChooseATL has the right, but not the obligation, to monitor all conduct on and content submitted to the ChooseATL Service.
VIII. Termination of Account
(1) ChooseATL may suspend, disable, or delete your account (or any part thereof) or block or remove any Content you submitted if ChooseATL determines that you have violated any provision of these Terms or that your conduct or content would tend to damage ChooseATL’s reputation and goodwill.
(2) If ChooseATL deletes your account for any of the foregoing reasons, you may not re-register for the ChooseATL Service. ChooseATL may
block your email address and Internet protocol address to prevent further registration.
- Your Rights Under The Digital Millennium Copyright Act
(1) Under the Digital Millennium Copyright Act (“DMCA”), if you own copyrighted material or are the agent of a copyright owner, and you believe that any Content uploaded to the ChooseATL site infringes upon your copyright(s), you may notify our Designated Agent by submitting the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
! A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
! Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
! Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
! Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
! A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
! A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may send all notifications of suspected copyright infringement to our offices via: (i) postal mail to: 191 Peachtree Street NE, #3400, Atlanta, GA 30303, (ii) electronic mail to: firstname.lastname@example.org; or (iii) facsimile to: (404) 393-1074. This contact information is provided only for use in instances of suspected copyright infringement. All other contact, including feedback, comments, requests for technical support, and other communications should be sent to ChooseATL’s customer service department at email@example.com. You acknowledge and agree that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.
(2) Counter-Notice. If you believe we have removed or denied access to your Content based on suspected copyright infringement in error, and you can
provide documentation that your Content 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 the material in your Content, you may send a counter-notice containing the following information to our Copyright Agent:
! 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, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Atlanta (Fulton County), California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
After a counter-notice has been received, ChooseATL may provide the original complaining party with a copy of the counter-notice, informing that person that the removed or disabled Content may be replaced or restored within14 business days. Unless a court action is filed by the copyright owner against the Content provider, member, or user, the removed Content may be replaced or restored within 14 to 21 business days after receipt of the counter-notice, at ChooseATL’s sole discretion.
- Representations and Warranties:
Each time you submit Content, you represent and warrant that (i) you have the right to submit the Content to the ChooseATL and grant the licenses set forth in these Terms; (ii) ChooseATL will not obtain licenses from any third party or make payments to any third party; (iii) the Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; (iv) the Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (v) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless ChooseATL and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the ChooseATL Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that the Content you submitted to ChooseATL violates any law or infringes any third party right, including any intellectual property or privacy right.
As stated herein, ChooseATL reserves the right to modify the ChooseATL Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the ChooseATL Service. ChooseATL has no obligation to screen or monitor any content and does not guarantee that any content available on the ChooseATL Service complies with this Agreement or is suitable for all users.
ChooseATL provides the ChooseATL Service on an “AS IS” and “AS AVAILABLE” basis. You therefore use the ChooseATL Service at your own risk. ChooseATL expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, ChooseATL makes no representations or warranties: (i) that the ChooseATL Service will be permitted in your jurisdiction; (ii) that the ChooseATL Service will be uninterrupted or error-free; Concerning any content submitted by any member; (iii) Concerning any third party’s use of content that you submit; (iv) that any Content you submit will be made available on the ChooseATL Service or will be stored by ChooseATL; (v) that the ChooseATL Service will meet your business or professional needs; (vi) ChooseATL will continue to support any particular feature of the ChooseATL Service; or (vii) concerning sites and resources outside of the ChooseATL Service, even if users access such site and/or resource from the ChooseATL Service.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the ChooseATL Service, and no warranties shall apply after such period.
XIII. Limitation of Liability
To the fullest extent permitted by law: ChooseATL, its officers, directors, employees, or agents, shall not be liable to you for any direct, indirect, incidental, special, punitive, consequential, or exemplary damages whatsoever, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorized access to or use of our secured servers and/or any and all personal and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from our services; (v) any bugs, virus, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on
warranty, contract, tort, or any other legal theory, and whether or not the ChooseATL is advised of the possibility of such damages. ChooseATL shall not be liable for the Content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
XIV. Accepting the Terms:
You affirm that you are either 18 years of age or older, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. To use the ChooseATL Service, you must be at least 13 years old. If you are under 13 years of age, please do not use the ChooseATL Service. If you are at least 13 years old but under the age of 18, you must have your parent or legal guardian’s permission to use ChooseATL Service. Please ask your parent or guardian to read these Terms with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the ChooseATL Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of the ChooseATL Service. If your child is using the ChooseATL Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access.
- General Provisions
Governing Law: This Agreement shall be governed by the laws of the State of Georgia, United States of America, without regard to principles of conflicts of law. The ChooseATL Service shall be deemed a passive website that does not give rise to personal jurisdiction of ChooseATL, either specific or general, in jurisdictions other than Georgia.
Disputes: Any claim or dispute between you and ChooseATL that arises in whole or in part from the ChooseATL Service shall be decided exclusively by a court of competent jurisdiction located in Fulton County, Georgia. You and ChooseATL agree that any cause of action arising out of or related to the services herein must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Successors; Assignment; No Third Party Beneficiaries: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not transfer or assign the Terms or any of the rights and licenses granted by you hereunder without ChooseATL’s prior written
consent. ChooseATL may assign these Terms and any rights or licenses without any restriction. No third party shall have any rights hereunder.
Interpretation; Severability; Waiver; Remedies: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by ChooseATL in exercising any right hereunder will waive any further exercise of that right. ChooseATL’s rights and remedies hereunder are cumulative and not exclusive.
Notices: You consent to receive all communications, including notices, agreements, disclosures, or other information from ChooseATL electronically. ChooseATL may provide all such communications by email or by posting them on the ChooseATL Service. For support-related inquiries, you may email us at firstname.lastname@example.org. You may send notices of a legal nature to ChooseATL at email@example.com or the following address: Williams & Floyd, 1100 Peachtree Street, Suite 200, Atlanta, GA 30309; Attn: Breyuna L. Williams, Esq. Nothing herein shall limit ChooseATL’s right to object to subpoenas, claims, or other demands.
Modifications: This Agreement may not be modified except by a revised Terms posted by ChooseATL on the THEA Site or a written amendment signed by an authorized representative of ChooseATL. Any revised Terms will be effective as of the date such Terms are posted on the THEA Site.
END OF DOCUMENT. Have a great day. Go ATL!