Atlas Service Terms
Revised: March 17, 2014
Access to and use of the Atlas platform and services are subject to these terms and conditions.
“Site materials” as used in the ORM TOS includes the Platform and the Platform Service, and “Registration Data” includes the information provided by you when you sign up for your Atlas account, and any updates to that information.
If your access to the Platform Service is pursuant to an agreement between ORM and your employer or some other person or organization (“Sponsor”), your use of and access to the Service may be subject to additional terms as agreed between you and the Sponsor, and the agreement between the Sponsor and ORM may supersede some provisions of these Terms. If your access to the Platform Service is for purposes of participation in projects originated by or on behalf of ORM, you are also required to agree to ORM’s Contributor License Agreement as a condition of your access to and use of the Platform Service. If your access to the Platform Service is pursuant to another agreement between you and ORM (for instance, a publishing agreement), the provisions of that agreement may supersede some provisions of these Terms.
2. Access to and Use of the Platform.
2.1 You will be provided with login credentials for your use in accessing the Platform Service. You agree that you will protect the security of your login credentials, and you will not share your login credentials with or make the Platform or the Platform Service available to any other person.
2.2 The Platform Service is provided to you only for purposes of the authoring, development and/or publication of Project Content under these Terms. “Project Content” means: (a) if your access to the Platform Service is for participation in projects originated by or on behalf of a Sponsor, your contributions to the Sponsor project(s), (b) if your access to the Platform Service is for purposes of participation in one or more projects originated by or on behalf of ORM, your contributions to the ORM project(s), and (c) if your access to the Platform Service has been authorized by ORM for one or more projects that are originated by you, or originated by others on your behalf, and that are independent of ORM, except for your authorized use of the Platform Service to author, the content that is uploaded to or authored in the Platform Service with respect to any of those projects.
2.3 As between you and ORM, making and maintaining backups of your Project Content are solely your own responsibility, and ORM has no obligation to maintain any back-ups for your benefit.
2.4 The Platform Service utilizes third party service providers and technology with respect to some aspects of its operations. You grant to ORM and its service providers any non-exclusive rights in your Project Content that may be necessary in order for ORM and its service providers to facilitate your access to and use of the Platform pursuant to these Terms. You agree and acknowledge that your Project Content may be transmitted or transferred unencrypted, and it may be modified in order to comply with technical requirements. You consent to the monitoring of your use of the Platform Service, and ORM’s use of the monitoring data for purposes of developing and improving the Platform Service.
2.5 You agree and understand that your use of the Platform Services is at your own risk, and subject to the ORM TOS, including its limitations on damages and liability, and warranty disclaimers. The Platform Service is provided on an “as is” and “as available” basis. You shall not conduct, cause or permit: (a) the use, access to, and/or the copying, modification, rental, lease, sublease, sublicense, or transfer of the Platform or the Platform Service; (b) the creation of any derivative works based on the Platform or the Platform Service; (c) copying of any code, reverse engineering, disassembly or decompiling of the Platform or the Platform Service; (d) use of the Platform or the Platform Service to perform services for, or to otherwise provide the benefit of the Platform or the Platform Service to, a third party (except for the Sponsor, if your access to the Platform Service is authorized by a Sponsor); (e) circumvention or bypassing of any software or hardware controls on the operation or behavior of the Platform or the Platform Service; (f) sabotage, deletion, or destruction of any portion of the Platform or the Platform Service, or (g) use of the Platform or the Platform Service (i) in a manner prohibited by law, (ii) to infringe or violate the rights of any third party (including intellectual property rights, rights of privacy or any other personal or proprietary right), (iii) to create or otherwise incorporate content that contains errors, libelous, defamatory, obscene, offensive, indecent, misleading, unlawful or deceptive material, or (iv) to include, disseminate or otherwise enable any viruses, Trojan horses, spyware, worms or other malicious code.
2.6 If you violate these Terms or if ORM has reason to believe that you have violated these terms, ORM may temporarily or permanently suspend or terminate your Atlas account and/or your access to and/or use of the Platform Service.
3. Representations and Warranties.
3.1 You warrant and represent that your Project Content, and/or any contributions made by you to Project Content, will not (a) include unauthorized disclosure(s) of personal information, trade secrets, or confidential information; (b) violate anyone's rights, including without limitation intellectual property rights; (c) contain software viruses or any other elements designed to interrupt, destroy or limit the functionality of any software, systems, or devices; (d) contain or link to commercial solicitations; (e) contain data or technology subject to restriction under laws regulating the export and other dissemination of information or technology; (f) be inaccurate, defamatory, obscene, harassing, or otherwise objectionable; and (g) the name, contact information, and other personal information (collectively, “Registration Data”) provided by you to ORM is accurate.
3.2 If your Registration Data changes, or you become aware of any facts or circumstances that would make your representations under these Terms inaccurate in any respect, you will notify ORM promptly at firstname.lastname@example.org. You will indemnify ORM, and ORM’s agents, licensees, affiliates, and employees, and hold them and ORM harmless, against any liability, loss or cost, including reasonable attorney’s fees, arising out of any actual or alleged breach of these Terms, including without limitation the preceding warranties and representations, or arising out of the Project Content supplied by you and/or your contributions to Project Content or your violation of applicable law or any third party rights. As between you and ORM, you assume all risk and consequences resulting from any third party's use of any Project Content supplied by you and/or your contributions to Project Content. This Section 3 shall survive the termination for any reason, or the expiration, of your Atlas account, the Sponsor’s agreement with ORM, and/or your use or access to the Platform.
4. Additional Provisions.
4.1 The Platform Service and the Platform are each respectively a “commercial item” as that term is defined at FAR 2.101. If acquired by or on behalf of a civilian agency, the U.S. Government acquires them (including, without limitation, commercial computer software and/or commercial computer software documentation and other technical data such as the content accessible over the Platform Service) subject to the terms of these Terms, as specified in 48 C.F.R. 12.212 (“Computer Software”) and 12.211 (“Technical Data”) of the Federal Acquisition Regulation (“FAR”) and its successors. If acquired by or on behalf of any agency within the Department of Defense (“DOD”), the U.S. Government acquires the Platform Service (including, without limitation commercial computer software and/or commercial computer software documentation and other technical data such as the content accessible over the service) subject to these Terms, as specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement (“DFARS”) and its successors. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses Government rights in computer software or technical data under these Terms.
4.2 If your access to the Platform Service is made available to you by a Sponsor, or by ORM for purposes of one or more ORM projects, your right to access the Platform Service (including the Project Content) is limited to the period of time that the you are authorized by the Sponsor or ORM (as the case may be) to access and use the Platform Service. If you are no longer authorized by the Sponsor or ORM to access and use the Platform Service, or if the Sponsor’s agreement with ORM expires or terminates, your access to the Platform Service will terminate.
4.3 To cancel your Atlas account, sign in to Atlas, and navigate to the user settings page. If you will need copies of your Project Content after cancellation, and if in the cases of Sponsor or ORM projects you are authorized to do so, before you cancel your Atlas account we recommend that you back up your Project Content and store the back up copies somewhere other than the Platform. If your access to the Platform Service is pursuant to an agreement between you and a Sponsor, or between you and O’Reilly, canceling your Atlas account may be subject to different terms and/or a different process.
4.4 ORM in its sole discretion may terminate your Atlas account and/or access to the Platform Service and refuse any current or future use of the Platform Service, for any reason at any time, including without limitation any actual or alleged fraud or violation of these Terms. Termination of the Platform Service may result in the deactivation or deletion of your Atlas account, and the permanent deletion of your Project Content.
5.2 ORM in its sole discretion may improve, modify or discontinue the Platform or the Platform Service, in whole or in part, with or without notice.