Terms of service
LAST UPDATED: [04/24/2020]
THESE TERMS OF SERVICE AFFECT YOUR LEGAL RIGHTS, SO PLEASE READ THEM CAREFULLY. IN PARTICULAR, SECTION 21 OF THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
Vatom Corporation, a Delaware corporation (together with its affiliates, “Vatom Corp,” “we,” or “us”) maintains a developer platform (the “Platform”) that enables developers and End Users (as defined below) to create and interact with digital goods called “vAtoms” (each a “vAtom”) on the Platform made available by third parties. The Platform, websites, all apps or other online services or related materials provided by Vatom Corp are herein collectively referred to as the “Services”. The Terms of Service (these “Terms”) govern the use of the Services.
By creating an account on the Platform (“Account”) or by using the Services you agree to be bound by these Terms and all other Vatom Corp terms, policies and guidelines applicable to your use. If you are an individual representing an entity, you acknowledge that you have the appropriate authority to accept these Terms on behalf of such entity, and in which case the terms “you” “your” and “User” in these Terms shall apply to such entity.
- Overview of Our Services (a)
Our Services enable users to store, distribute and manage vAtoms made available by third parties or Vatom Corp. We are not responsible for the terms of sale or use associated with any vAtoms made available by third parties. Our technology provides a platform that enables you to store, distribute and manage vAtoms either through websites and apps of Vatom Corp or through websites, apps or other online services of third parties that have integrated Platform technology (collectively, the “Integrated Services”).
(b) Our Services are designed to allow you to own vAtoms without restrictions on sale or other transfer. If you acquire a vAtom from a third party with these kinds of restrictions, you should attempt to resolve the issue by contacting the provider of the vAtom.
- Use of the Services
You may not use the Services to:
- Introduce any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature to the Services;
- Interfere with or disrupt the Services or the servers and networks providing the Services;
- Reverse engineer or attempt to extract the source code from the Services, except to the extent that this restriction is expressly prohibited by applicable law, and then in such case, the information derived will be maintained in strict confidence;
- Use the Services for any activities where the use or failure of the Services could lead to death, personal injury, or environmental damage (such as the operation of nuclear facilities, air traffic control, or life support systems);
- Use the Services to process or store any data that is subject to the International Traffic in Arms Regulations maintained by the U.S. Department of State or the Health Insurance Portability and Accountability Act (HIPAA);
- Remove, obscure, or alter any Vatom Corp terms of service or any links to or notices of those terms;
- Develop any objects, applications or services in violation of the content guidelines.
(b) Security. You will maintain the security of the Services and will not make available to a third party, any token, key, password or other login credentials to the Services. You will use industry standard security measures to prevent unauthorized access or use of any of the features and functionality of the Services. You will immediately notify Vatom Corp and cooperate with investigations, assist with any required notices, and provide any information reasonably requested by Vatom Corp if you know of or suspects any breach of security or potential vulnerability related to the Services and will promptly remedy such breach or potential vulnerability resulting from your access to the Services.
You represent and warrant that you (a) are 18 years of age or older, (b) have not been previously suspended or removed from the Services, and (c) have full power and authority to enter into these Terms and that in so doing, will not violate any other agreement to which you are a party.
- Registration and Account
In order to use certain areas or features of the Services, you will need to register for an Account. When registering for an Account, you cannot create an Account name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim Account names on behalf of any business or individual that holds legal claim, including trademark rights, in those names. In connection with your creation of any Account, you will (a) provide accurate, current and complete Account information, (b) maintain and promptly update your Account information as necessary, (c) maintain the security of your password, (d) be solely responsible for all access and use of the Services via your Account, including unauthorized access, and (e) immediately notify us if you discover or otherwise suspect any unauthorized activities in connection with your Account or the Services.
- Right to Use The Services
(a) Unless otherwise indicated, the Services, including all text, videos, images, data, software, or other files, content and materials contained on the Services, are the proprietary property of Vatom Corp or our licensors and may be protected by U.S. and international copyright, patent, trademark and other laws.
(b) Subject to these Terms, Vatom Corp grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Services for your own use. You will not: (i) permit any third party to access the Services via your Account; (ii) remove or alter any copyright, trademark, service mark or other proprietary notices on the Services; (iii), modify, copy, distribute, create derivative works of, publicly perform, publicly display, sell, timeshare, rent or lease the Services, in whole or in part; or (iv) otherwise use the Services other than for their intended purposes.
(c) Except as specified in these Terms, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Vatom Corp or any third party, whether by estoppel, implication or otherwise.
- Third-Party Content and Integrated Services
Our Services may display or link to third-party content, advertisements, links, promotions, logos and other materials (collectively, “Third-Party Content”). We do not control, endorse, or sponsor any Third-Party Content or Integrated Services or the third parties responsible for or referenced on the Third-Party Content or Integrated Services. We make no representations or warranties of any kind regarding Third-Party Content or any Integrated Services. Your interactions with Third-Party Content or any Integrated Services, and any third party that provides Third-Party Content or any Integrated Services, are solely between you and such third parties, and Vatom Corp is not party to and has no responsibility or liability with respect to any Third-Party Content or Integrated Services, including with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user of our Services.
“Vatom Corp” “vAtom,” the Vatom Corp logo, any other Vatom Corp service names, logos or slogans that may appear on the Services, and the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, are trademarks, service marks or trade dress of Vatom Corp and our licensors, and may not be copied, imitated or used, in whole or in part, without our or the applicable trademark holder’s prior written permission. You may not use any metatags or other “hidden text” utilizing “Vatom Corp” or any other name, trademark or product or service name of Vatom Corp without our prior written permission.
We grant you a limited, nonexclusive, nontransferable, revocable right to create a text hyperlink to our Services, provided that such link does not portray Vatom Corp or our Services in a false, misleading, derogatory or otherwise defamatory manner, and that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. You may not use a Vatom Corp logo, tradem