Terms and conditions

Effective date: 28 December 2020

Interpretation

In these terms of service:

Acceptance of Terms and Conditions

In order to use our service, you must be at least 18 years old and legally capable of entering into binding contracts. If you are under 18 years old, you can use our service if you have the consent from your parents or guardians and they agree to be bound by these terms of service on your behalf.

By accessing or using the service we provide you

  1. Agree to be bound by these terms of service, and
  2. Confirm that you accept these terms of service and that you agree to comply with them
  3. Consent to the terms of the Privacy Policy.

No other term is to be included in these terms of service except where it is required to be included by any legislation. All implied terms except those implied by statute and which cannot be expressly excluded are expressly excluded.

If any provision of these terms of service is invalid under the law of any jurisdiction, then the provision is enforceable in that jurisdiction to the extent that it is not invalid, and the to the extent it is not valid then it will be severed from these terms of service and the remainder of these terms of service will continue to apply with such amendments as are strictly necessary to reflect the severance.

Our failure to insist upon or enforce any provision of these terms of service will not be construed as a waiver of any provision or right.

Laws may apply to you or to us as a result of your specific location. If this is the case, and if those laws are inconsistent with any part of these terms, those laws will prevail to the extent of the inconsistency.

Changes to the Terms and Conditions

We may change or replace these terms of service at any time if the change is necessary to reflect changed or added functionality of the service, for compliance with law, for reasonable commercial reasons, or otherwise to protect our legitimate interests. Your continued use of the service will be deemed as your acceptance of any changes to these terms of service.

If a change to these terms of service may have a material negative effect on you, we will use our best efforts to advise you of the change in advance. It is your responsibility to check these terms of service from time to time for any changes. If you do not agree with any of the changes to these terms of service, it is your responsibility to stop using our service and/or delete your account.

Accounts

You are fully responsible for activities that relate to your account and, thus, you are responsible for safeguarding your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

You may not use, as a username, the name of another person (for example, the name of well-known personalities or a name to which you have no connection), brand, or entity, a name that is not lawfully available for use, or a trade name that is subject to any rights of another person or entity, or a name that is offensive, vulgar, or obscene. In the event that issues arise over the use of particular usernames, for example where another person claims that your username appropriates their name, we will consider the circumstances reasonably and may require you to change your username (and we may then reassign your username). If we have asked you to do this and you refuse, we may suspend or cancel your user account. Importantly, and without impacting the above, we do not permit ‘domain squatting’ or ‘domain parking’ or similar, and we may reclaim and reallocate usernames that we reasonably believe have been created for these purposes.

You must not use your user account or allow it to be used in a way which may cause damage to our service or reputation, or infringe or violate any third party rights, or violate any applicable laws or regulations.

If you want your account deleted permanently, you can do this on your ‘My Account’ page or, in case it is not functioning, by writing us an email to hello@atom.bio. If the account is deleted you will not be able to reactivate your account and will not be able to retrieve any of its content or information.

You acknowledge that our service is constantly evolving, and we may change parts of the service and functionality from time to time that may affect your Account.

Content

You may post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material to/on the Page that you create using the service. You are responsible for the Content, including its legality, reliability, and appropriateness. Where any third party owns any of the Content, you are also responsible for ensuring that you have all rights (including any licences) needed to allow you to make available that Content on the Page and the service.

By posting Content to the Service, you grant us the right and license to use, publicly display and distribute such Content on and through the service and you confirm that you have all third party rights and licences necessary to post that Content. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the service, who may also use your Content subject to these terms of service.

You agree that:

  1. the Content is yours (you own it) or you have the right to use it and grant us the rights and licence as provided in these terms of service; and the posting of your Content on or through the service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Further, you agree that:
  2. the Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation;
  3. the Content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy. In some circumstances, Content which in one country would not infringe the previous requirements could do so in another country (and we reserve the right to take whatever action we think necessary in such circumstances including removing Content or restricting access to the Service);
  4. the Content will not be misleading or deceptive, be intended or designed to misinform, would be likely to misinform a reasonable person, and that you will not represent as fact something which is false;
  5. the Content will not be unsolicited, undisclosed or constitute unauthorised advertising or endorsements of any product;
  6. the Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and
  7. the Content does not and is unlikely to bring us or the Service into disrepute.

You agree to keep all records necessary to establish that your Content does not violate any of the requirements of this clause and make such records available upon our reasonable request.

We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the Service. We reserve the right to modify or remove any Content at any time.

You acknowledge and agree that all Content you provide on the service will be publicly available information and you bear the risks involved with such public disclosures.

We may choose to feature your Page and Content (but not your registered trademarks or personal information, unless you agree in writing) on our Website or otherwise to promote the Service. You grant to us a royalty-free, worldwide, perpetual license to use such Content for such purposes.

Your Page may have its own visitors and customers (End Users). The way in which the End Users use and interact with your Page and your Content (as distinct from our obligations to you in these terms of service in respect of the Service itself) is your responsibility. This responsibility includes compliance with all laws and regulations in relation to End Users, and the supply of products and services (if any) to End Users.

Use of service

Your access to and use of the Service is subject to these terms of service and all applicable laws and regulations. We are also committed to ensuring that the Service is safe for all users and does not provide a platform for inappropriate Content or user behaviour. Where there is any genuine and reasonable allegation from a third party (including any law enforcement agency) that your conduct may have breached these terms of service, we reserve the right to cooperate with that third party.

With this in mind, you must not:

  1. access or use the Service if you are not fully able and legally competent to agree to these terms of service;
  2. make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile, extract information from or create any derivative works of the Service or any content included, including any files, tables or documentation (or any portion of these) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Service or any derivative works of the Service (or authorise any other person to do so on your behalf).
  3. distribute, license, transfer, or sell, all or any part of any of the Service or any derivative works thereof, except that you may re-sell the Service to a limited class of persons if we have expressly given consent for such activity to you in writing (and, if we do give consent, we may also include conditions to such consent, which you must comply with);
  4. market, rent or lease the Service for a fee or charge, or use the Service to advertise or perform any commercial solicitation, except that you may market the Service to a limited class of persons if we have expressly given consent for such activity to you in writing;
  5. use the Service, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
  6. interfere with or attempt to interfere with the proper working of the Service, disrupt the Website or any networks connected to the Service, or bypass any measures we may use to prevent or restrict access to the Service;
  7. incorporate the Service or any portion of it into any other program or product, except as may be agreed separately with us in writing;
  8. use, or authorise others to use, automated scripts or other scraping tools to collect information from your Page, or the Service, or otherwise interact with the Service.
  9. impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available comes from the Service;
  10. intimidate or harass another person, or promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age on your Page, your account, or on or through any links on your Page.
  11. include any sexually explicit material (including pictures and language) on your Page itself or your account itself;
  12. use or attempt to use another’s account, service or system without authorisation from us, or create a false identity on the Service;
  13. use the Service in a manner that may create a conflict of interest or undermine the purposes of the Service, such as trading reviews with other users or writing or soliciting fake reviews; or
    1. use the Service to upload, transmit, distribute, store, or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
    2. any information that in our opinion constitutes unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail”, “spam”, “multi-level marketing”, “chain letters”, “pyramid schemes”, or any prohibited form of solicitation;
    3. any private information of any third party, including addresses, phone numbers, email addresses, number and feature in a personal identity document (e.g. National Insurance numbers, passport numbers) or credit card numbers, other than to us as contemplated in the Privacy Policy;
    4. any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person;
    5. any material which is defamatory of any person, or obscene, offensive, hateful or inflammatory;
    6. any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
    7. any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people;
    8. any material that contains a threat of any kind, including threats of physical violence;
    9. any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
    10. any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide;
    11. or material that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using the Service, or which may expose us, the Service or our users to any harm or liability of any type.
Intellectual property

All Intellectual Property Rights in the Service, the Website, and their content (excluding your Content, but including the AtomBonds Content), features and functionality are and will remain our (or our licensors’) exclusive property, and you will not challenge such ownership.

You are permitted to use the Service only as authorized by us (which includes use in accordance with these terms and conditions). As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Service to create, display, use, play, and upload Content subject to these terms of service.

You must not use the Service in connection with a product or service that is not affiliated with us or in any way brings us into disrepute.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.

If we provide you with any images, icons, video, graphics, or other content for you to use in connection with the Service, you must:

  1. only use such Content on your Page and not anywhere else;
  2. comply with any reasonable written guidelines or terms, which may be the guidelines or terms of a third party, in relation to the Content that we provide to you.
Privacy and data guardianship

All data (and any Intellectual Property Rights in data) that we or the Service create or generate based on your use (or End Users’, or other users’ use) of the Service or the Content will be owned by us and you will not dispute such ownership.

We may provide Data or visualisations of Data to you as part of the Service. We make no representations or warranties as to the accuracy or completeness of the Data Analytics, but we will try to make it as accurate and complete as we can.

Our Privacy Policy applies to the way in which we may collect, use, and disclose personal information about you.

Confidentiality

If we share information about the Service with you that is confidential, or that a reasonable person would consider is confidential, you must keep it confidential and use reasonable security measures to prevent unauthorised disclosure of or access to that information.

If you choose to contribute to the Service by sending us any ideas for new products, services, features, modifications, enhancements, content, offerings, promotions, computer code, or any other materials, then regardless of what your communication may say:

  1. we have no obligation to review, consider, or implement your Feedback or to return to you all or part of any Feedback for any reason;
  2. Feedback is provided on a non-confidential basis, and we are under no obligation to keep any Feedback you send confidential or to refrain from using or disclosing it any way; and
  3. you irrevocably grant us a perpetual irrevocable transferable worldwide royalty free licence to reproduce, distribute, create derivative works of, modify, perform, communicate to the public, make available, display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction.
Liability and Disclaimers

You agree that we will not be liable for any damages suffered as a result of using the Service, or copying, distributing, or downloading Content from the Service.

In no event will you or we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort (including negligence), even if the relevant party has been previously advised of the possibility of such damage.

You have sole responsibility for adequate security protection and backup of data, Content, and/or equipment used in connection with your usage of the Service and will not make a claim against us for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. You must not assign or otherwise dispose of your account to any other person.

You will indemnify us against any loss suffered by us that arises in connection with a breach by you of these terms of service, or a third party claim made against us in relation to your Content;

In no event will our liability to you under or in connection with these terms of service or the Service exceed the greater of the fees actually paid by you to us at the time the liability purportedly arose, or [€100]. This limitation applies regardless of whether your claim against us is based on contract, negligence, other torts or otherwise.

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, up-time or availability, or implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

We make no warranties about the Service: We, our subsidiaries, affiliates and licensors do not warrant or represent that:

  1. the Service will function uninterrupted or securely, or be available at any particular time or location; any errors or defects will be corrected;
  2. the Service is free of viruses or other harmful components; or
  3. the results of using the Service will meet your requirements.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.

We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty, representation, or guarantee as to the effectiveness or profitability of the Service or that the operation of the Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.

We may at times include as part of or ancillary to the Service access to specific functionality or other services which are provided by third parties (for example, a payment portal).

These terms of service apply to the maximum extent permitted by law. Nothing in these terms of service is intended to exclude, restrict or modify rights which you may have under any law, which may not be excluded, restricted or modified by agreement.

Unless we otherwise specifically state, we do not endorse (or make any warranties or representations in relation to) any third party product or service, and your use of that third party product or service may be subject to separate terms and conditions which you are responsible for reviewing and agreeing.You will comply with the terms and conditions that you have either separately agreed to comply with or that we make it clear to you that you must comply with of any third party service that you use in conjunction with the Service. If you do not agree with the third party terms and conditions, then we may suspend or cancel your user account or limit the relevant functionality.

Our rights to delete your account

If you do not comply with any of these terms of service, we may suspend or cancel your user account or limit the functionality of the Service that you have access to. Depending on what the non-compliance is, we may not use this right to suspend or cancel, but if there is repeat non-compliance on your account, or a material non-compliance, we are likely to.

If you have any issues with the performance of the Service, or anything else in connection with these terms of service, please let us know by emailing us at hello@atom.bio . Once we receive an Issue Notice, you and we will use all reasonable endeavours to resolve the issue in good faith. Neither of us will bring any legal proceedings or take any formal or public action in connection with the issue until we have spent at least 1 month from the date of the Issue Notice trying to resolve the issue in good faith.