Terms of Services

ACCEPTANCE OF TERMS

ATP Technology provides the ATP Technology Services (defined below) to you subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: https://atptechnology.wordpress.com/tos. By accessing and using the ATP Technology Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular ATP Technology owned or operated services, you and ATP Technology shall be subject to any posted guidelines or rules applicable to such service, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

DESCRIPTION OF ATP Technology SERVICE

You understand and agree that the ATP Technology Services may include certain communications from ATP Technology, such as service announcements and administrative messages, and that these communications are considered part of ATP Technology. You will be able to opt out of receiving them by disabling push notifications, but you can view them as announcements inside the app itself. You understand and agree that the ATP Technology Services is provided “AS-IS” and that ATP Technology assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the ATP Technology Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the ATP Technology Services.

USER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not ATP Technology, are entirely responsible for all Content that you create, save, email, transmit or otherwise make available via the ATP Technology Services. ATP Technology does not control the Content posted via the ATP Technology Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the ATP Technology Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will ATP Technology be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the ATP Technology Services.

You agree that under the use of ATP Technology Services:

There is no age limitation for using the ATP Technology application.
You may not use the ATP Technology Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you create and save using the ATP Technology Services.
You must not modify, adapt or hack ATP Technology or modify another website so as to falsely imply that it is associated with ATP Technology.
You must not access the ATP Technology private API by any other means other than the ATP Technology application itself.
You must not use web URLs in your name without prior written consent from ATP Technology.
You must not transmit any worms or viruses or any code of a destructive nature.
You must not, in the use of ATP Technology, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You must not interfere with or disrupt the ATP Technology Services or servers or networks connected to the ATP Technology Services, or disobey any requirements, prores, policies or regulations of networks connected to the ATP Technology Services, including using any device, software or routine to bypass our robot exclusion headers.

In consideration of your use of the ATP Technology Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the ATP Technology Services under the laws of the United States or other applicable jurisdiction.

GENERAL CONDITIONS

We reserve the right to modify or terminate the ATP Technology services for any reason, without notice at any time.
We reserve the right to alter these Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, we will notify you via internet mail according to the preference expressed on your account. What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
We reserve the right to refuse service to anyone for any reason at any time. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Services.

PROPRIETARY RIGHTS IN CONTENT ON ATP Technology

ATP Technology does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you create using the ATP Technology Services.
You represent and warrant that: (i) you own the Content created by you on or through the ATP Technology Services or otherwise have the right to grant the license set forth in this section, (ii) the creation and use of your Content on or through the ATP Technology Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you create on or through the ATP Technology Services.
The ATP Technology Services contain Content of ATP Technology (“ATP Technology Content”). ATP Technology Content is protected by copyright, trademark, patent, trade secret and other laws, and Cardinal Blue owns and retains all rights in the ATP Technology Content and the ATP Technology Services.
The ATP Technology Services contain Content of Users and other ATP Technology licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the ATP Technology Services.
ATP Technology performs technical functions necessary to offer the ATP Technology Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the ATP Technology Services.
Although the Site and other ATP Technology Services are normally available, there will be occasions when the Site or other ATP Technology Services will be interrupted for scled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of ATP Technology. Also, although ATP Technology will normally only delete Content that violates this Agreement, ATP Technology reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by ATP Technology in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, ATP Technology encourages you to maintain your own backup of your Content. In other words, ATP Technology is not a backup service. ATP Technology will not be liable to you for any modification, suspension, or discontinuation of the ATP Technology Services, or the loss of any Content.

With respect to Content you submit or make available for inclusion on publicly accessible areas of ATP Technology, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the ATP Technology Services solely for the purposes of providing and promoting the specific ATP Technology to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the ATP Technology Services and will terminate at the time you remove or ATP Technology removes such Content from the ATP Technology Services.

CONTRIBUTIONS TO ATP Technology

By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to ATP Technology through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) ATP Technology is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) ATP Technology may have something similar to the Contributions already under consideration or in development; (d) your Contributions automatically become the property of ATP Technology without any obligation of ATP Technology to you; and (e) you are not entitled to any compensation or reimbursement of any kind from ATP Technology under any circumstances.

INDEMNITY

As permitted by law, you agree to indemnify and hold ATP Technology and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’; fees, made by any third party due to or arising out of Content you create, transmit, modify or otherwise make available through the ATP Technology Services, your use of the ATP Technology Services, your connection to the ATP Technology Services, or your violation of any rights of another Terms of Service.

NO COMMERCIAL REUSE OF ATP Technology SERVICES

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the ATP Technology Services.

MODIFICATIONS TO ATP Technology SERVICES

ATP Technology reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the ATP Technology Services (or any part thereof) with or without notice. You agree that ATP Technology shall not be liable to you or to any third party for any modification, suspension or discontinuance of the ATP Technology Services (or any part thereof).

TERMINATION

You agree that ATP Technology may, without prior notice, immediately terminate, limit your access to or suspend your ATP Technology account, any associated email address, and access to the ATP Technology Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the ATP Technology Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the ATP Technology Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in ATP Technology’s Kids sole discretion and that ATP Technology shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the ATP Technology Services.

GDPR COMPLIANCE

We have implemented our GDPR compliance strategy to make sure the rights of our users in the European Union are protected. We are committed to giving you transparent information, communication and modalities of the information we collect and how we process it and for the exercise of your rights under GDPR.

Below are the initiatives we have committed to in order to satisfy GDPR requirements that apply to our European users:

User Consent

Users that reside in the European Union (E.U.) must grant us consent before using ATP Technology starting from May 25, 2018. By giving us consent, you agree to how we collect and process your data.

Please note you can withdraw your consent at any time on the app’s Data Privacy page, accessible through the Settings page. If you have created a social network account within ATP Technology, you have to go to our webpage to edit your account preferences in order to deactivate your account.
You must be at least 13 years old to create a social network account within the ATP Technology app, but you can be younger to use ATP Technology.

Data Subject Rights

As the data subject, you have the right to either give consent or decline consent to our terms and policies. Please note by declining consent, you will not be able to use ATP Technology at the moment. The following are the rights you can exercise regarding your information under GDPR:

The right of access
As the data subject, you have the right to know how your data is being processed and you can also request to access your data.
The right to rectification
As the data subject, you can obtain rectification of inaccurate personal data from us in a timely manner.
The right to erasure
As the data subject, you have the right to obtain the erasure of your data under the following circumstances:
- the personal data are no longer necessary (for example, in the case that a user deletes their account)
- when you withdraw consent to our terms and policies
- when your personal data have been unlawfully processed
The right to restriction of processing
You have the right to obtain restriction of our processing of your data when the accuracy of the data is contested by you, the data subject.
The right to be informed
You have the right to be informed by ATP Technology on the changes we make regarding the collection and processing of your information.
The right to object
As the data subject, you have the right to ask us to stop processing your data.
The right not to be subject to automated individual decision-making, including profiling.

CCPA COMPLIANCE

We have implemented our CCPA compliance strategy for Californian residents. We are committed to giving you transparent information, communication and modalities of the information we collect and how we process it and for the exercise of your rights under CCPA.

Below are the initiatives we have committed to in order to satisfy CCPA requirements that apply to our Californian residents:

User Consent

Users that reside in California have the right to revoke consent at any time starting from January 1, 2020. By giving us consent, you agree to how we collect and process your data.

Please note you can withdraw your consent at any time. To make this request, please email support@cardinalblue.com or contact us using this address: Cardinal Blue Software, P.O. Box 390677, Mountain View, CA 94039. Please note that revoking your consent will require discontinuing use of the app at this time.
To delete a ATP Technology Social account, please login to your account from ATP Technology.com and choose “Delete account” on the settings page.
You must be at least 13 years old to create a social network account within the ATP Technology app, but you can be younger to use ATP Technology.

Data Subject Rights

The right of access
As the data subject, you have the right to know how your data is being processed and you can also request to access your data.
The right to rectification
As the data subject, you can obtain rectification of inaccurate personal data from us in a timely manner.
The right to deletion
As the data subject, you have the right to obtain the deletion of your data under the following circumstances:
- the personal data are no longer necessary (for example, in the case that a user deletes their account)
- when you withdraw consent to our terms and policies
- when your personal data have been unlawfully processed
The right to restriction of processing
You have the right to obtain restriction of our processing of your data when the accuracy of the data is contested by you, the data subject.
The right to be informed
You have the right to be informed by ATP Technology on the changes we make regarding the collection and processing of your information.
The right to object
As the data subject, you have the right to ask us to stop processing your data.
The right not to be subject to automated individual decision-making, including profiling.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE ATP Technology SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE ATP Technology SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ATP Technology AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ATP Technology AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE ATP Technology SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE ATP Technology SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ATP Technology SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ATP Technology SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ATP Technology SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ATP Technology OR THROUGH OR FROM THE ATP Technology SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE ATP Technology SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE ATP Technology SERVICE. IMMEDIATELY DISCONTINUE USE OF THE ATP Technology SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE ATP Technology SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ATP Technology AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ATP Technology HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE ATP Technology SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ATP Technology SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE ATP Technology SERVICE.

NO THIRD-PARTY BENEFICIARIES

You agree that there shall be no third-party beneficiaries to this agreement.

NOTICE

ATP Technology may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, postings on the ATP Technology Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the ATP Technology Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the ATP Technology Services in an authorized manner.

TRADEMARK INFORMATION

You agree that all of ATP Technology’ trademarks, trade names, service marks and other ATP Technology logos and brand features, and product and service names are trademarks and the property of Cardinal Blue Software, Inc. (the “ATP Technology Marks”). Without prior permission, you agree not to display or use in any manner the ATP Technology Marks.

NOTICE AND PRORE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

ATP Technology respects the intellectual property of others, and we ask our users to do the same. ATP Technology may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.

VIOLATIONS

Please report any violations of the TOS to us.

Last updated: January 2021

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