Terms of Service
Please read the following important terms and conditions carefully. These terms govern your access to and use of the Services (as described below), and constitute a binding legal agreement between you, as a user of the Services, and Atomic Hype, LLC ("Atomic Hype" or "we"), the provider of the Services. Your access to and use of the Services requires your compliance with these terms in addition to specific terms that apply to each such Service (together, they are called the "Terms"). By accessing and/or using the Services and/or creating an Account, you agree to be bound by the Terms.
Atomic Hype provides mobile marketing on the intersection of the online and the offline world through multiple platforms and services made available through Atomic Hype consumer services (the "Services") which can be accessed and used through mobile applications (each an "Application").
Subject to your compliance with the Terms, you may download and install one (1) copy of the Application to each of your supported mobile device, and access and use the Services, solely for your own personal and non-commercial use except as provided herein. You may not: (i) copy, modify or distribute the Application for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Application or the Services to anyone else; (iii) reverse-engineer, decompile or create derivative works of the Application or the Services; (iv) make the functionality of the Application or the Services available to multiple users through any means; or (v) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms. No other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Atomic Hype or its licensors.
In order to access and use Atomic Hype Services, you have to create a file with us ("Account") with a username and password. To create an Account, you must be at least 18 years of age. Your username will be valid for all Services and Applications. You are responsible for safeguarding and maintaining the confidentiality of your password and you agree not to disclose your password to anyone else. You will be solely responsible for any activities or actions taken under your Account, whether or not authorized by you. Please notify us immediately of any unauthorized use of your password or your Account. We are not liable for any loss or damage from your failure to comply with these requirements. You agree that the information you provide us will be true, accurate, current and complete. By creating an Account you consent to the use of: (i) electronic means to complete the Terms and to provide you with any notices given pursuant to the Terms; and (ii) electronic records to store information related to the Terms or your use of the Services.
The use of the Applications are currently made available to users free of charge. The use of the Atomic Hype Services by Advertisers is subject to payment of fees in a timely manner. Please refer to the payment page on our website for terms offered regarding fees, programs, and limitations in traffic usage. Atomic Hype reserves the right to deny access to the Services by any Advertiser who does not pay any fees in a timely manner.
Promotion Submission and License to Advertiser Content and Rewards Programs
You may upload one or more advertising and promotional campaigns utilizing the Service (“Rewards Program(s)”) specific to Your needs after you have created an account and accepted all applicable terms and conditions, including without limitation those contained in this Agreement. You must not create or upload Rewards Programs unless You own all necessary rights, or has permission from the rightful owner of content within the Rewards Program. Your Rewards Program will be rejected by Atomic Hype should Atomic Hype determine that Reward Program (a) is false, misleading, unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive; (b) encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (c) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (d) advertises products or services competitive with Atomic Hype or its partners' products and services, as determined by Atomic Hype in its sole discretion; or (e) does not achieve the creative standards of Atomic Hype, as determined by Atomic Hype in its sole discretion. You remains solely responsible for any errors or omissions in Your Reward Program and any liability arising out of Your Reward Program. You acknowledge that Atomic Hype may, in its sole discretion, refuse to accept any creative work (including but not limited to video, illustrations, photographs, copy and/or drawings) for the preparation of the Reward Program, or may withdraw any previously accepted Reward Program from display at any time and may request the You to submit new creative work. In the event the You requires or requests a change in the Reward Program during the Service, additional charges will apply.
Atomic Hype makes no claim of ownership hereunder to any trademarks or copyrights in materials provided by You. You are not granted any rights in Atomic Hype’s trademarks or copyrights.
Atomic Hype does not guarantee that Your Reward Program will be available through any part of the applicable Service, and You accept that Atomic Hype reserves the right to not place Your Reward Program, move Reward Program to a different locations, and/or discontinue placing Your Reward Program within the applicable Service. Atomic Hype is not responsible for, nor makes any claims regarding changes in operating hours of locations within its network. You should be aware that at any time, new locations may be added to, or locations may be removed from Atomic Hype’s network. You shall be responsible for performing all promises made by You in setting up a Rewards Program and offering it to the public, including without limitation the timely satisfaction of and delivery of any rewards offered as part of or through the Service.
You must comply with all applicable laws when using Atomic Hype’s Service. Except as may be expressly permitted by applicable law or authorized by Atomic Hype in writing, You will not, and will not permit anyone else to: (a) use any automated tool to use Service; (b) rent, lease, or sublicense Your access to Service to another person; (c) circumvent or disable any digital rights management, usage rules, or other security features of Service; (d) use Service in a manner that threatens the integrity, performance, or availability of Service; or (e) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of Service.
Certain Atomic Hype Applications or Services may allow you to post or upload text, graphics, images, and other content for display or publication through the Services ("Content"). By submitting Content to Atomic Hype, you hereby grant Atomic Hype a worldwide, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Services and Atomic Hype (and its successor's) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. If you publish images or other such content through the Services, they may be viewed by and shared with other users, for example, on social networks like Facebook, based on your settings.
You agree not to: (i) submit material that violates anyone else's proprietary rights, including privacy and publicity rights, or can be considered spam or junk mail; (ii) knowingly publish false or inaccurate information; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements, "pyramid schemes," chain letters or other solicitations; or (v) impersonate another person. Atomic Hype does not endorse any Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any Content. We reserve the right to decide whether Content is appropriate and complies with the Terms, and may remove such Content and/or terminate your access for uploading material in violation of the Terms at any time without prior notice. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting publishing or otherwise making available Content or other materials that are believed to violate the Terms.
It is Atomic Hype's policy to terminate your access to the Services if you infringe the copyright rights of others upon receipt of proper notification to Atomic Hype by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The Services may be used and accessed for lawful purposes only. You agree not to, and to not encourage or conspire with anyone else to, engage in any conduct that is inconsistent with the purposes, intent and spirit of the Services, or otherwise "game the system". You also agree to abide by all applicable local, state, national and foreign laws and regulations in connection with your use of the Services. In addition, you agree not to do any of the following while using or accessing the Services:
use the Services to collect or store personal data about other users without their express permission;
upload, post, email or otherwise transmit any viruses or other computer code that may interrupt, destroy, limit the functionality of the Services, or interfere with the access of any user to the Services;
circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content;
use any meta tags or other hidden text or metadata utilizing a Atomic Hype name, trademark, URL or product name;
use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages contained in the Services;
attempt to or actually access the Services by any means other than through the Application provided by Atomic Hype;
attempt to probe, scan or test the vulnerability of any Atomic Hype system or network or breach or impair or circumvent any security or authentication measures protecting the Services;
attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any Application used to provide the Services;
use the Services in any way that competes with Atomic Hype; or
attempt to or acquire Atomic Hype Rewards or any other type of awards other than in a manner consistent with the intended use of the Services;
post any product review on a digital distribution platform for mobile devices (for example, iTunes Store, Android Market, BlackBerry App World), which includes a referral or promo code for collecting or receiving awards through the Services;
inaccurately represent the value of a referral or promo code award to any individual; or
encourage or instruct any other individual to do any of the foregoing.
Atomic Hype expressly reserves the right to retroactively reverse any rewards or benefits granted to you for any such prohibited conduct, or based on any material violation of the Terms; you agree to provide your full cooperation and prompt repayment under such circumstances. Atomic Hype shall determine, in its sole discretion, whether you have engaged in prohibited conduct; Atomic Hype determination shall be final and unreviewable, and you waive any and all rights you may have to challenge that decision.
You may terminate your Account at any time if you don't have any open campaign. In case there are any open campaign under your account, you need to make the prize available for the next person who scans the Atomic Hype code or as otherwise agreed upon between You and QR Winner. Upon any termination by you, your Account will no longer be accessible. Any cancellation request will be handled within 30 days of receipt of such a request by Atomic Hype. Any suspension, termination or cancellation will not affect your obligations to Atomic Hype under the Terms (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
We may immediately terminate or suspend your access to the Services and remove any material (including any Content provided by you) from the Services or our servers, in the event that you breach the Terms, at our sole discretion and without prior notice to you. We also reserve the right to terminate the Services or your access at any time and for any reason, including but not limited to the need to conduct maintenance or if we discontinue any portion of the Services. Upon termination, all licenses and other rights granted to you under the Terms will immediately cease. We will not be liable to you or any other person for termination of the Services or termination of your use of the Services. Upon any termination or suspension, any information (including Content) that you have submitted to the Services may no longer be accessed by you. Furthermore, we will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any other person.
The Services and Applications are protected by copyright, trademark, and other laws of the United States and foreign countries. Atomic Hype and its licensors exclusively own all right, title and interest in and to the Services and Applications, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Applications. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted in the Terms. Any feedback, comments and suggestions you may provide for improvements to the Services or Applications ("Feedback") will be the sole and exclusive property of Atomic Hype and you hereby irrevocably assign to Atomic Hype all of your right, title, and interest in and to all Feedback.
Atomic Hype shall solely own all end user, billing, and traffic information, as well as all other information or data of whatever source or nature, generated or created as part of the marketing, distribution and exploitation of the Services. You shall not use any such information in any manner except in regard to the Services and as necessary to perform Your obligations hereunder. You agree that, between QR Winner and You, QR Winner shall have the right to use any such information for any reason it deems appropriate.
Third Party Services, Websites or Resources.
The Services may contain content or services provided by third parties and/or links to third party services, websites or resources. We are not responsible or liable for the availability, accuracy, functionality, adherence to third party policies or Atomic Hype policies, or legality of, and we do not endorse, such websites, services or resources or the content, products, or services on or available from such websites or resources. You are solely responsible for and assume all risk arising from your use of any such websites, services or resources.
Trademarks and Promotion.
By utilizing the Service and setting up a contest or rewards program, You hereby grant Atomic Hype a worldwide, royalty-free, non-exclusive, perpetual license to use Your name, trademarks and logos in connection with the Service and your promotion and/or reward program. Atomic Hype shall have final creative control over the development, design, marketing and commercial exploitation of the Service and/or any reward program created as part of the Service, including without limitation any and all uses of cross-promotions and viral promotion with other rewards programs created by third parties, other services offered by Atomic Hype and/or third parties, and/or any other methods of promotion either now existing or hereinafter invented. Notwithstanding the foregoing, Atomic Hype shall use commercially reasonable efforts to protect and preserve Your good image and to (i) conduct business in a manner that reflects favorably at all times on You; (ii) shall avoid deceptive, misleading, or unethical practices that are or might be detrimental to You, or the public, including any disparagement of You; and (iii) shall make no false or misleading representations with regard to Licensed Products and Licensor.
YOUR USE OF THE SERVICES AND APPLICATIONS IS AT YOUR SOLE DISCRETION AND RISK. WE WILL NOT BE RESPONSIBLE FOR ANY HARM TO YOUR COMPUTER OR MOBILE DEVICE, LOSS OF DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE SERVICES AND/OR APPLICATIONS. WE DO NOT MAKE ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES; OR (II) THAT THE SERVICES AND/OR APPLICATIONS WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. ATOMIC HYPE WILL NOT BE LIABLE, AND YOU ARE SOLELY RESPONSIBLE, FOR ANY ACCESS OR USAGE CHARGES CHARGED BY YOUR WIRELESS CARRIER RELATED TO ANY DEVICE THAT YOU USE TO ACCESS OR USE THE APPLICATION OR SERVICES.
WE ARE NOT RESPONSIBLE FOR (I) INCORRECT OR INACCURATE TRANSCRIPTION OF INFORMATION, (II) PROBLEMS RELATED TO ANY OF THE EQUIPMENT OR SOFTWARE ASSOCIATED WITH THE SERVICES OR APPLICATIONS OR USED BY YOU, (III) HUMAN ERROR OUTSIDE OUR REASONABLE CONTROL, (IV) ANY INTERRUPTION, DELETION, OMISSION, DEGRADATION, DEFECT, OR LINE FAILURE OF ANY TELEPHONE NETWORK OR ELECTRONIC TRANSMISSION, OR (V) PROBLEMS RELATING TO INABILITY TO ACCESS AN APPLICATION OR SERVICE.
WE DISCLAIM ALL LIABILITY FOR ANY TECHNICAL FAILURES OR ERRORS OF, ON, OR CONNECTED TO THE SERVICES AND/OR APPLICATION, INCLUDING BUT NOT LIMITED TO PUSH MESSAGES SENT ERRONEOUSLY DUE TO TECHNICAL FAILURES OR ERRORS. WE WILL USE REASONABLE EFFORTS TO CORRECT ANY SUCH FAILURES SWIFTLY UPON DISCOVERING THEM OR BEING INFORMED ABOUT THEM. IF YOU THINK YOU HAVE RECEIVED PUSH MESSAGES IN ERROR OR EXPERIENCED OTHER TECHNICAL FAILURES, PLEASE CONTACT US IMMEDIATELY.
The Services and Applications, and all materials, information, products and services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES AND APPLICATIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. No advice or information, whether oral or written, obtained by you from Atomic Hype, will create any warranty not expressly stated in this Agreement.
You agree to defend, indemnify, and hold Atomic Hype, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Services; (ii) your violation of the Terms; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your failure to fulfill the terms of any Rewards Program you create.
Limitation of Liability.
IN NO EVENT WILL ATOMIC HYPE, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND/OR APPLICATIONS, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT ATOMIC HYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ATOMIC HYPE’S CUMULATIVE LIABILITY TO YOU, FOR ALL CLAIMS REGARDLESS OF TYPE, EXCEED TWENTY DOLLARS ($20).
In addition, from time to time, various entities may sponsor reward, offers and other rewards as part of a Service ("Sponsors"). YOU HEREBY WAIVE AND DISCLAIM ANY AND ALL LIABILITY CLAIMS AGAINST SPONSORS RELATING IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY SUCH REWARDS. You agree that Sponsors are third party beneficiaries of the Terms, and may enforce its provisions directly.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
The Terms shall be governed by California law, without respect to its conflict of laws principles. Any dispute arising from or relating to this Agreement will be finally settled by arbitration in Los Angeles County, California, in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect. The prevailing party in any arbitration or other proceeding arising under the Terms will be entitled to receive reimbursement of its reasonable expenses and attorneys’ fees. Judgment may be entered in any court having jurisdiction. Notwithstanding the foregoing, we have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
The Terms are the entire agreement between you and Atomic Hype concerning the Services, and supersede all prior or contemporaneous communications between you and Atomic Hype with respect to the Services. If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term, and Atomic Hype's failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.
We reserve the right, in our sole discretion, to modify, discontinue or terminate the Services at any time, or modify the Terms without notice. All modified terms and conditions will be effective after the new terms and conditions have been posted on the Atomic Hype website. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Services, and if applicable, cancel your Account. By continuing to access or use the Services after we have posted the new terms and conditions on the site, you agree to be bound by such changes.
If you have any questions about the Terms, please contact us at Contact@ShoutAround.net
We hope you will enjoy Atomic Hype's Services.