This Web site, and all of the content it contains, or may in the future contain, including but not limited to text, content, photographs, video, audio and graphics, goods, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the “Service”) that relates to this site, are owned by or licensed by RED Atlas or other third parties and are protected from any unauthorized use, copying and dissemination by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries.
The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by RED ATLAS, its general and limited partners, and its subsidiaries, and their respective general partners and affiliates (collectively “RED Atlas”) and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of RED Atlas and such others. You agree to protect the proprietary rights of RED Atlas and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by RED ATLAS or its suppliers and licensors of content, equipment, or otherwise (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in the Service. You agree to notify RED ATLAS in writing promptly upon becoming aware of any unauthorized access or use of the Service by any individual or entity or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory, or common law rights.
All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the “Intellectual Property Rights”) shall, as between you and RED Atlas, at all times be and remain the sole and exclusive property of RED Atlas. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to RED Atlas for its exclusive use. Except as specifically permitted by the TOS, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use the Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without RED ATLAS’s prior written approval.
“Sponsor Content” consists of: (i) all paid-for content created by the RED Atlas Inc. (“RED Atlas”) custom content team (“RED Atlas Custom Content”) in collaboration with advertisers, and served by or appears in any RED Atlas medium and (ii) paid-for content supplied by advertisers that is served by or appears in any RED Atlas medium. The foregoing categories include any paid-for content purchased under the AAAA/IAB Standard Terms and Conditions.
In addition to the general advertising guidelines established by RED Atlas, the standards listed below apply to Sponsor Content.
You agree, at your own expense, to indemnify, defend and hold harmless RED Atlas, its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer’s use of the Service; (ii) use by someone using your account; (iii) a violation of the TOS by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. RED Atlas reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with RED Atlas in asserting any available defense. You acknowledge and agree to pay RED Atlas’s reasonable attorneys’ fees incurred in connection with any and all lawsuits brought against you by RED Atlas under the TOS and any other terms and conditions of service on this site, including without limitation, lawsuits arising from your failure to indemnify RED Atlas pursuant to the TOS.
(a) You may terminate the TOS, with or without cause and at any time, by discontinuing your use of the Service and destroying all materials obtained from the Service.
(b) You agree that, without notice, RED ATLAS may terminate the TOS, or suspend your access to the Service, with or without cause at any time and effective immediately. The TOS will terminate immediately without notice from RED ATLAS if you, in RED ATLAS’s sole discretion, fail to comply with any provision of the TOS.
(c) RED Atlas shall not be liable to you or any third party for the termination or suspension of the Service, or any claims related to the termination or suspension of the Service. Upon termination of the TOS by you or RED ATLAS, you must discontinue your use of the Service and destroy promptly all materials obtained from the Service and any copies thereof. RED Atlas will determine your compliance with the TOS in its sole discretion and its decision shall be final and binding and not subject to challenge or appeal. Any violation of the TOS may result in restrictions on your access to all or part of this site and may be referred to law enforcement authorities. No changes to or waiver of any part of the TOS shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of RED Atlas. Upon termination of your membership or access to this site, or upon demand by RED Atlas, you must destroy all materials obtained from this site and all related documentation and all copies and installations thereof. You are advised that RED Atlas will aggressively enforce its rights to the fullest extent of the law.
(i) RED Atlas operates this site in the United States. RED Atlas makes no representation that the Service, including merchandise offered for sale on this site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. If you access this site from locations outside of the U.S. you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
(ii) This site is controlled and operated by RED Atlas from its offices within the Free Associated State of Puerto Rico, United States. RED Atlas makes no representation that materials in this site are appropriate or available for use in other locations.
The TOS shall be governed and construed in accordance with the laws of the United States and the Free Associated State of Puerto Rico, without giving effect to conflicts-of-law principles thereof. With respect to any disputes or claims not subject to arbitration, you agree to submit to the personal jurisdiction of the state and federal courts located in Puerto Rico County in the Free Associated State of Puerto Rico with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TOS.
By using this site in any way, you unconditionally consent and agree that:
(1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against RED Atlas and/or its parent, subsidiaries, affiliates and each of their respective current or former members, officers, directors and employees (all such individuals and entities collectively referred to herein as the “RED Atlas Entities”) arising out of, relating to, or connected in any way with the website or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS;
(2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16;
(3) the arbitration shall be held in San Juan, Puerto Rico;
(4) the arbitrator’s decision shall be controlled by the terms and conditions of these TOS and any of the other agreements referenced herein that the applicable user may have entered into in connection with the website;
(5) the arbitrator shall apply Puerto Rico law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law;
(6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable RED Atlas Entity’s individual claims, and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated;
(7) the arbitrator shall not have the power to award punitive damages against you or any RED Atlas Entity;
(8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any RED Atlas Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, RED Atlas agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, RED Atlas will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and
(9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, 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 (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor RED Atlas shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
You represent, warrant and covenant to RED Atlas that none of you or any person who acts on your behalf or at your direction shall use (or enable others to use) the Services or anything created using the Services in connection with: (i) activities relating to nuclear, chemical or biological weapons proliferation, terrorism, corruption, undermining of democratic rights and government, money laundering, tax evasion or human rights violations, or other similarly egregious activities or (ii) in connection with activity in, or for the benefit of, Crimea, Syria, Cuba, North Korea, or Iran (each, an “Excluded Jurisdiction”).
Notwithstanding any other provision of these TOS, RED Atlas does not represent that the Service or anything created using the Service is appropriate for use in any particular location or for any or all purposes. Those who choose to access the Service do so on their own initiative and are responsible for compliance with all applicable laws.
You represent, warrant and covenant to RED Atlas that none of you or any person who acts on your behalf or at your direction shall use (or enable others to use) the Service, any software included in or downloaded from the Service or anything created using the Service in connection with activity: (i) in, or for the benefit of, any country or region with respect to which the United Nations, United States, European Union and/or United Kingdom (the “Sanctioning Authorities”) maintains sanctions prohibiting all or substantially all shipment or provision of services, goods, technology or software (a “Sanctioned Jurisdiction”); (ii) to, or for the benefit of, the government of an Excluded Jurisdiction or a Sanctioned Jurisdiction or a person located in or normally resident of an Excluded Jurisdiction or a Sanctioned Jurisdiction; (iii) involving or benefiting a government or person whose assets a Sanctioning Authority has blocked or to which a Sanctioning Authority restricts the shipment or provision of services, goods, technology or software (a “Prohibited Party”); (iv) to the extent applicable, for the purpose of transacting in, providing financing for, or otherwise dealing in prohibited equity or debt of, or extending credit to, persons identified by (or owned or controlled, whether individually or in aggregate, by persons identified by) any Sanctioning Authority as being subject to sanctions prohibiting such activities; or (v) for any purpose that would be prohibited under the economic sanctions of any Sanctioning Authority. Each time you receive or use the Service or anything created using the Service, you shall be deemed to represent and warrant to RED Atlas and its affiliates that none of you, any person who acts on your behalf or at your direction, or any person on whose behalf you are acting, is: (i) located in or normally a resident of, or the government of, any Excluded Jurisdiction or Sanctioned Jurisdiction; or (ii) a Prohibited Party.
You accept that RED ATLAS has the right to change the content or technical specifications of any aspect of the Service at any time in RED ATLAS’s sole discretion. You further accept that such changes may result in your being unable to access the Service. The failure of RED Atlas to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. Sections 2 through 10, 11(c), and 12 through 20 shall survive any termination of the TOS.
The section titles in the TOS are used solely for the convenience of you and RED Atlas and have no legal or contractual significance.
If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOS will remain in force.
The TOS and any other terms and conditions of service on this site, and its successor, constitute the entire agreement between you and RED ATLAS, govern your use of the Service, and supersede all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. These TOS may not be amended, nor any obligation waived, without RED Atlas’s written authorization.
Subscriptions purchased via atlas.red are billed either monthly or annually. Your selected payment method will be charged automatically on a recurring monthly or annual basis. Your subscription will be renewed automatically, and you will be charged in advance of each billing cycle unless you cancel.
If you subscribed under an introductory offer, at the end of your introductory period, your payment method on file will be charged automatically each month for the full price of your subscription. All Subscriptions are listed in US Dollars ($).
In order to change or cancel your subscription, please sign in to your account app.atlas.red & select “Contact Support to Cancel”
We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
If you purchased your subscription through a third party, please refer to any terms and conditions provided to you in connection with purchase.
When cancelling a monthly subscription, all future charges associated with future months of your subscription will be cancelled. You may notify us of your intent to cancel at any time; your cancellation will become effective at the end of your current monthly billing period. You will not receive a refund; however your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current monthly billing period.
When cancelling an annual subscription, all future charges associated with future years of your subscription will be cancelled. You may notify us of your intent to cancel at any time; your cancellation will become effective at the end of your current annual billing period. You will not receive a refund, prorated or otherwise, for the remainder of the annual term. However, your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current annual billing period.
From time to time, we offer introductory pricing at a reduced rate for a specified period of time (“Introductory Offers”). Introductory Offers can only be redeemed by first time subscribers to Atlas.red. If you do not qualify for an Introductory Offer, we reserve the right to reject your order to reflect current subscriber pricing. RED Atlas may determine your eligibility for an Introductory Offer at any time without prior notice and with no liability, to the extent permitted under applicable law.
For all Introductory Offers, we will require you to provide payment details to start a Subscription to Atlas.red. By providing such details you agree that we will automatically charge the full price of the Paid Subscription on the first day following the end of the Introductory Offer on a recurring monthly basis or another interval that we disclose to you in advance.
IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE THE END OF THE INTRODUCTORY PERIOD BY CONTACTING CUSTOMER SUPPORT. IF YOU RECEIVED YOUR INTRODUCTORY OFFER THROUGH A THIRD PARTY, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH THE THIRD PARTY.
Access for Authorized Subscribers will be granted to a RED Atlas account associated with their Company/Organizational specific email address. Subscriber shall not use RED Atlas’s name, logo, trademark, service mark or other designation in any manner without the prior written consent of RED Atlas. RED Atlas hereby grants to Client a non-exclusive, non-transferable, non-sub-licensable license to allow its Authorized Subscribers to consume RED Atlas content for personal use and for internal work-related, research, and general awareness purposes.
Upon linking to this Web site pursuant to the TOS, you will be granted a non-exclusive, non-transferable, royalty-free sub-license to use the RED ATLAS mark owned by RED Atlas Inc. solely for providing an underlined, textual link from your Web site to Atlas.red. No other use of RED Atlas’s marks, names or logos is permitted without express written permission from RED ATLAS.
Without limiting other provisions contained in our TOS, you may include a link(s) on your Web site to Atlas.red’s publicly accessible Web pages (i.e., any Web page which does not require a login and password and/or restrict access). You may not link to Atlas.red any site containing an inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights, or is otherwise deemed inappropriate, as determined by RED Atlas in its sole discretion. The link to this site must not damage, dilute or tarnish the goodwill associated with any RED Atlas names and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with RED Atlas. RED Atlas reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that RED Atlas deems to be inappropriate or inconsistent with or antithetical to this site and/or these TOS.
RED ATLAS is concerned about the integrity of this Web site when it is accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Specifically, RED ATLAS is concerned with activities such as bringing up or presenting content of this Web site within another Web site (“framing”). In this regard, without limiting the provisions contained in our TOS, you may not frame any Web page from Atlas.red, except with our express written permission. Further, you may not archive, cache, or mirror any Atlas.red Web page or portions of a Web page. If you would like to use, reprint, frame, or redistribute any Atlas.red content other than as permitted herein, you must request permission from RED ATLAS by writing to FEEDBACK. Please include: (a) your name, e-mail address, and telephone number; (b) the name of your company; (c) the Web site address(es) where the proposed use will occur; and (d) specific details about the contemplated linking or framing activities, including the content or Web page(s) of this Web site which you would like to use.
Please send general inquiries regarding intellectual property issues to FEEDBACK.
If you believe that any content appearing on this site has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
are trademarks and service marks of RED Atlas Inc., a Puerto Rico C-Corporation, or its subsidiaries. All rights reserved.