Terms and Conditions

Terms and Conditions (T&C) for atlaswestcreative.com

Effective Date: January 1, 2024

1. Agreement to Terms

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Atlas West Creative ("we," "us," or "our"), concerning your access to and use of the https://atlaswestcreative.com website (the "Site").

By accessing the Site, you agree that you have read, understood, and agreed to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.

2. Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

3. User Representations and Prohibited Activities

By using the Site, you represent and warrant that:

  • You have the legal capacity and agree to comply with these Terms and Conditions.

  • Your use of the Site will not violate any applicable law or regulation.

You may not access or use the Site for any purpose other than that for which we make the Site available. Prohibited activities include, but are not limited to:

  • Systematically retrieving data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  • Making any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email.

  • Engaging in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

4. Third-Party Websites and Content

The Site may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

We are not responsible for the availability, accuracy, or quality of such Third-Party Websites and Third-Party Content. The inclusion of any link does not imply endorsement by us of the site or any association with its operators. If you decide to leave the Site and access the Third-Party Websites or use or install any Third-Party Content, you do so at your own risk.

5. Disclaimers

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. You agree that your use of the Site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranties or representations about the accuracy or completeness of the Site's content or the content of any websites linked to the Site and we will assume no liability or responsibility for any:

  • Errors, mistakes, or inaccuracies of content and materials.

  • Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site.

  • Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein.

6. Limitation of Liability

IN NO EVENT WILL ATLAS WEST CREATIVE OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site.

8. Governing Law and Dispute Resolution

These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of [Insert State/Country where your business is legally registered] applicable to agreements made and to be entirely performed within [Insert State/Country], without regard to its conflict of law principles.

[NOTE: You must choose a governing law. If you want to use arbitration, you must include a specific arbitration clause here.]

9. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

10. Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: atlaswestcreative@gmail.com