Please read these Terms of Use ("Terms of Use" or "Agreement")
carefully. AtlantaDunia.com, also referred to "we", "us" or
“our”)
provides certain services and operates this website, the mobile
version, and version that we have now or in the future (the
"Website"). Use of the
Website and any and all of our services are governed by these Terms
of Use. By using the Website, you (“you” or “User”) acknowledge and
agree to these Terms of Use, our Privacy Policy, and any additional
terms applicable to certain events and/or programs in which you may
elect to participate. If you do not agree to these Terms and
Conditions, do not use this site.
1. Permitted Uses; User Representations. The Website provides an
interactive online service operated by AtlantaDunia.com,
consisting primarily of community related activities . As a condition of your
use of this Site, you agree that:
i. You are an individual person at least 18 years of age and you
possess the authority to create a binding legal obligation;
ii. Your use of the Website will at all times comply with the terms
of this Agreement;
iii. If you elect to create an account, you may create only one
account for your use, you must safeguard your password and supervise
the use of your account, and you are responsible for your own use
and the use of your account by anyone you allow to access it;
iv. You will provide only accurate, true, current and complete
information to the Website;
v. You are responsible for the content of all visual, written or
audible content, communications and any other material supplied in
connection with your use of the Website.
vi. You will not to upload, post, email, transmit, or otherwise make
available any content that may be improper, unlawful, or immoral, or
could infringe the rights of any third party or otherwise give rise
to civil liability. The foregoing list is not comprehensive and only
serves to provide examples of misuses of the Website that may result
in the restriction, suspension or termination of your access to the
Website.
2. Prohibited Conduct. The Website is private property. All
interactions on the Website must be lawful and must comply with
these Terms of Use. To the extent your conduct (as judged by us in
our sole discretion), restricts or inhibits any other User from
using or enjoying any
part of the Website, we may limit your access and use of the Website
or seek other remedies.
3. Security. We cannot and do not control the security of the
internet or the network(s) that you use to access the Website or
communicate with us. Accordingly, we are not responsible for
security of information, hacking, malware or loss of data during
transmission that you choose to communicate with us or through the
Website.
4. Your participation in various sections of our website enables
other users to contact you using our Contact the Advertiser/
Contact the User form. We do not authenticate the email id of such
users who wish to contact you in response to your posting. We merely
forward such requests to your email id and it is in your discretion
to respond or ignore such requests.
5. Ownership of Website. The content and information on the Website,
as well as the infrastructure used to provide both, is
proprietary to us or our Merchants and other partners. You agree not
to modify, copy, distribute, transmit, display, perform, reproduce,
publish,
license, create derivative works from, transfer, or sell or re-sell
any information, software, products or services obtained from or
through the Site.
All rights are reserved.
6. Availability of Website. There may be interruptions in service or
events that are beyond our control. The Website may be
unavailable from time to time for such interruptions or events,
routine maintenance, or any other reason without notice. You
acknowledge access to the Website access may be interrupted,
suspended or terminated, and that AtlantaDunia.com retains the
right at our sole discretion to terminate
the Website or its service, or to deny access or service to the
Website to anyone at any time and for any reason.
7. Terms of Sale. Coupons, vouchers or sales promotions available through our Website
are special promotional offers from participating Merchants
through our service. The vouchers are redeemable for certain goods,
services or experiences offered by, or facilitated through, the
Merchant
identified on the coupon or voucher. The Merchant is solely
responsible for redeeming the coupon or voucher. You agree and
acknowledge that
AtlantaDunia.com, in its sole discretion, may quantify and
charge a subscription fee and also determine its payment
periodicity.
If a Merchant refuses to honor any coupon or voucher,
AtlantaDunia.com assumes no role in such dispute. The Merchant
is the issuer of the
coupon or voucher and is fully responsible for all goods and
services it provides to you and for any and all injuries, illnesses,
damages, claims,
liabilities and costs it may cause you to suffer, directly or
indirectly, in full or in part, whether related to the use or
redemption of a voucher or not.
By using or attempting to use any coupon or voucher, you agree to
the terms of this Agreement. Unauthorized or unlawful reproduction,
resale,
modification or trade of the coupons or vouchers is prohibited.
If you are a Merchant making a promotional coupon or voucher or
advertisement
available through our Website, you are solely responsible for
redeeming the coupon
or voucher, and any User is solely responsible for providing payment
for such related goods and services. If you refuse to honor any
voucher or
any related dispute arises, AtlantaDunia.com assumes no role in
such dispute. You are solely fully responsible for providing all
goods and services and for any and all injuries, illnesses, damages,
claims, liabilities and costs caused by you or to you by a User,
directly or indirectly, in full
or in part, whether related to the use or redemption of a voucher or
not. By providing a coupon or voucher, you agree to the terms of
this
Agreement.
8. Revisions to Terms of Use. We reserve the right at all times to
discontinue or modify any part of this Agreement as we deem
necessary or desirable. If we make changes that materially affect
your use of the Website or our services, we will notify you by
sending you an e-
mail to the e-mail address that is registered with your account
and/or by posting notice of the change or update on the Website. Any
such changes
will be effective upon the earlier of our dispatch of an e-mail
notice to you or our posting of notice of the changes on the
Website. It is your
responsibility to periodically revisit our Terms of Use to ensure
that you stay informed of any such notifications of changes to the
Website. Your
use of the Website after any such change or update will constitute
acceptance of the modified Terms of Use. We also reserve the right
to change or
discontinue any aspect or feature of our services or the Website
including, but not limited to, requirements for access or use.
9. Opinion Disclaimer. The views and opinions expressed on this
web site are solely those of the original authors and other
contributors. These views and opinions do not necessarily represent
those of www.atlantadunia.com.
10. Disclaimer of Representations and Warranties. YOU EXPRESSLY AGREE
THAT USE OF THE WEBSITE AND OF
AtlantaDunia.com'S SERVICE, WHETHER AS A CONSUMER OR MERCHANT
PROVIDER, IS AT YOUR SOLE RISK.
NEITHER AtlantaDunia.com, ITS SUBSIDIARIES, ITS AFFILIATES NOR
ANY OF THEIR RESPECTIVE EMPLOYEES,
AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS, OR ANY OF THEIR
OFFICERS, DIRECTORS, EMPLOYEES OR
AGENTS, WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR
ERROR FREE; NOR DO THEY MAKE ANY
WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS
WEBSITE, OR (II) THE RESULTS,
QUALITY, ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY
INFORMATION (INCLUDING, BUT NOT LIMITED TO, PRODUCT DESCRIPTIONS, IF
ANY), SERVICE, PRODUCTS OR VOUCHERS PROVIDED THROUGH THIS
WEBSITE. THE WEBSITE AND ALL CONTENT AND OTHER INFORMATION CONTAINED
THEREIN, AND PRODUCTS AND
SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE WEBSITE ARE MADE
ACCESSIBLE OR AVAILABLE ON AN “AS IS”
AND “AS AVAILABLE” BASIS AND, TO THE EXTENT APPLICABLE, ARE THE
RESPONSIBILITY OF THE THIRD PARTY
MERCHANT PROVIDING THE APPLICABLE COUPON, VOUCHER, CONTENT OR OTHER
INFORMATION.
AtlantaDunia.com HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS,
WARRANTIES AND CONDITIONS,
WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE
CONTENT, STATEMENTS OR OTHER
INFORMATION CONTAINED ON THE SITE, OR THE PRODUCTS, SERVICES,
COUPONS AND VOUCHERS ACCESSIBLE OR
AVAILABLE THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THOSE
OF MERCHANTABILITY, AND OF
FITNESS FOR A PARTICULAR PURPOSE.
11. Limitation of Liability. IN NO EVENT SHALL AtlantaDunia.com,
ITS SUBSIDIARIES, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT
PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS,
EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT
OF OR RELATED TO YOUR USE OF THE
WEBSITE, WHETHER AS A CONSUMER OR MERCHANT, THE CONTENT, STATEMENTS
AND OTHER INFORMATION CONTAINED THEREIN, THE PRODUCTS OR SERVICES
ACCESSIBLE OR AVAILABLE THROUGH THE WEBSITE OR THESE TERMS OF USE.
TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS
AGREEMENT SHALL NOT EXCEED
THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING
OF ANY CLAIM.
12. Release and Indemnity. You agree to defend, indemnify and hold
harmless AtlantaDunia.com, its subsidiaries, its affiliates and
their respective directors, officers, employees and agents from and
against all claims and expenses, including attorneys’ fees, arising
out of or
related to any products, services, coupons or vouchers used or
provided by you in connection with the Website, or any violation of
these Terms of Use, or use of AtlantaDunia.com's service. You
further agree to release AtlantaDunia.com, its subsidiaries, its
affiliates and their
respective directors, officers, employees and agents from any and
all of the foregoing. Merchants are solely responsible for their
interactions with
other Merchants and other Users of the Website. Other Users of the
Website are solely responsible for their interactions with Merchants
and other
Users of the Website to the extent permitted under applicable laws.
13. Unrelated Third-Party Affiliation. You agree and acknowledge
that you are unaffiliated with AtlantaDunia.com. The Website
contains links to websites maintained by other unaffiliated third
parties, and may contain links to your website or other websites
designated by you.
We do not endorse or have an opinion about the contents on such
websites. We expressly disclaim any responsibility for, and
representations
contained in, such third party websites, including the the content
or accuracy of materials on such websites or the privacy practices
of those
websites.
14. Public Nature of Information. You agree and acknowledge that all
communications posted by you on the Website are public and are not
confidential. Any other person (whether or not a User of AtlantaDunia.com's services) may read your communications
without your
knowledge. We specifically disclaim any liability concerning
communications and any actions resulting from communications posted
by you or
unaffiliated third parties on the Website or communicated in
connection with AtlantaDunia.com's services.
15. Copyrights and License(s). Everything located on or in this Site
is the exclusive property of AtlantaDunia.com or is being
used with permission. The name AtlantaDunia.com and the Website
contains copyrighted material, trademarks and other proprietary
information, including, but not limited to, text, software, photos,
video, graphics, music and sound, and the entire contents of the
Website may beprotected by copyright as a collective work under the
United States copyright laws. ANY COPYING, DISTRIBUTING,
TRANSMITTING,
POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THE
WEBSITE WITHOUT OUR EXPRESS WRITTEN PERMISSION OR THE APPROPRIATE
OWNER OF SUCH MATERIAL IS PROHIBITED.
You agree not to post or otherwise make available on the Website any
material protected by copyright, trademark or other proprietary
right without the express permission of the owner of the copyright,
trademark or other proprietary right. We do not have any express
burden or responsibility to provide you with indications, markings
or anything else that may aid you in determining whether the
material in question is copyrighted or trademarked. You will be
solely liable for any damage resulting from any infringement of
copyrights, trademarks, proprietary rights or any other harm
resulting from such a submission. By posting on the Website, you
grant AtlantaDunia.com a royalty- free, perpetual, irrevocable,
non-exclusive license to use, reproduce, modify, publish, edit,
translate, distribute, perform, and display your submitted materials
alone or as part of other works in any form: print; newsletter, web
- media, or technology
whether now known or hereafter developed without territorial or time
limitations, and to sublicense such rights through multiple tiers of
sublicenses. Your license of any Statements or information
submitted above extends to use for promotions, advertising, market
research or any other lawful purpose without limitation. You also
grant us the right to edit, copy, publish and distribute any
material that you make available on this Site.
16. Digital Millennium Copyright Act (DMCA) Notice. If you believe
that any material has been posted via the Website or a User in away
that constitutes copyright infringement, you shall provide us with
the following information: (a) an electronic or physical signature
of the person authorized to act on behalf of the owner of the
copyrighted work; (b) an identification of the copyrighted work and
the location on the Site of the allegedly infringing work; (c) a
written statement that you have a good faith belief that the
disputed use is not authorized by the owner, its agent,
or the law; (d) your name and contact information, including
telephone number and e-mail address; and (e) a statement by you that
the above information in your notice is accurate and, under penalty
of perjury, that you are the copyright owner or authorized to act on
the copyright owner’s behalf. Contact information for our DMCA Agent
for notice of claims of copyright infringement is:
info@ AtlantaDunia.com.
17. Termination of Service. We may terminate these Terms of Use at
any time, and we shall have the right to immediately terminate or
suspend any of your access or use of the Website in the event of
unacceptable conduct or violation of these Terms of Use, as
determined by us inour sole discretion. Notwithstanding the above,
these Terms of Use will survive termination of this Agreement.
18. Disputes and Arbitration. Any claim, dispute, or controversy you
may have against AtlantaDunia.com arising out of, relating
to, or connected in any way with this Agreement, this Website, the
use of any coupon or voucher, or AtlantaDunia.com's service
shall be
resolved exclusively by final and binding arbitration administered
by the American Arbitration Association (“AAA”) and conducted before
a single arbitrator pursuant to the applicable Rules and Procedures
established by AAA. You further agree that: (a) the arbitration
shall be held at a location determined by AAA pursuant to the Rules
and Procedures, or at such other location as may be mutually agreed
upon by you and us; (b) the arbitrator shall apply Georgia law
consistent with the Federal Arbitration Act and applicable statutes
of limitations, and shall honor claims of
privilege recognized at law; (c) there shall be no authority for any
claims to be arbitrated on a class or representative basis;
arbitration can decide only your and/or AtlantaDunia.com's
individual claims; and the arbitrator may not consolidate or join
the claims of other persons or parties who may be similarly
situated; (d) with the exception of subpart (c) above, if any part
of this arbitration provision is deemed to be invalid, unenforceable
or illegal, or otherwise conflicts with the Rules and Procedures
established by AAA, then the balance of this arbitration provision
shall remain in effect
and shall be construed in accordance with its terms as if the
invalid, unenforceable, illegal or conflicting provision were not
contained herein. If,
however, subpart (c) is found to be invalid, unenforceable or
illegal, then the entirety of this Arbitration Provision shall be
null and void, and neither
you nor or we shall be entitled to arbitrate their dispute. 17.
Choice of Law. Any disputes arising out of or related to these Terms
of Use
and/or any Use by you of the Website or AtlantaDunia.com's
services shall be governed by the internal laws of the State of
Georgia, without regard to its choice of law rules and without
regard to conflicts of laws principles.
19. Miscellaneous Provisions. No waiver by either you or us of any
breach or default or failure to exercise any right allowed under
this
Agreement is a waiver of any preceding or subsequent breach or
default or a waiver or forfeiture of any similar or future rights
under this Agreement. The section headings used herein are for
convenience only and shall be of no legal force or effect. If a
court of competent jurisdiction
holds any provision of this Agreement invalid, such invalidity shall
not affect the enforceability of any other provisions contained in
this Agreement,
and the remaining portions of this Agreement shall continue in full
force and effect.
20. Contact. Please contact us at info@ AtlantaDunia.com with any
questions regarding these Terms of Use or our Privacy Policy.
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