Terms & Conditions
Atticus LLC was designed to help authors create beautiful and professional books. However, in order for this to be a great environment for both user and the company, we’ve created a set of end-user license agreements to help both sides have a solid framework to work together effectively and efficiently. There is no hidden agenda and we respect our users and their work.
So, please read these Terms and Conditions and End-User License Agreement carefully before downloading or using any Atticus, LLC (“Atticus”) Service, product, material, or software.
By downloading or using any Atticus material, software, or Services (collectively the “Atticus System”), you are agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not download, and or use any component of the Atticus System. If you have any questions, please don’t hesitate to ask. Again, nothing nefarious – just good honest protection for both sides.
And with that, let’s begin:
1. Your Agreement with ATTICUS
1.1 Through the Atticus System, Atticus offers book creation services that are more fully described at the following link: https://atticus.io (the “Services”). This Agreement provides the rules under which you can use the Atticus System. As between us, you own everything that you create on our site and nothing in this Agreement or elsewhere gives Atticus any rights in your work, therefore you are fully responsible for everything your work contains. We own the Atticus System, including the interface, the various templates we have created, and similar items that we have created for you to use. If you use those templates that still does not give us any rights in your underlying work. Outside of very rare circumstances, such as when you might ask us for support on a particular item, Atticus will not review the work you are creating. It is your responsibility to keep an up-to-date copy of your work at all times. Atticus will endeavor to maintain your work and to keep a backup copy, however, Atticus has no responsibility if its systems fail and your work or any portion of it is lost.
1.2 This document sets forth your complete legal agreement with Atticus, its affiliates, agents, and employees regarding your use of the component parts of the Atticus System (collectively “Services”). Any and all such use will be subject to these Terms and Conditions and End-User License (known as the “Agreement” or “Terms”).
1.3 Some components of the Atticus System may be subject to different or additional terms. Without any limitation, any different or additional terms for those Services are hereby incorporated into this Agreement by reference.
1.4 If it is found that there is a conflict or issue between this Agreement and the additional terms or different terms on other Atticus software or Services, then the additional or different terms will take precedence in relation to that Service or software. The terms of this Agreement and any applicable different terms or additional terms and all other documents incorporated by reference into this Agreement will be referred to collectively as the “Terms”.
1.5 Atticus may change this Agreement at any point and in any manner which it sees fit. If the Agreement is changed, Atticus will post a new version on its website. Your continued use of the Services and/or software is subject to the most recent and updated version of the Terms at all times; provided, however, that Atticus will not alter any provision so as to give it any rights in the work you submit to it.
1.6 Atticus may, through its site, offer you access to services provided by certain third-parties, such as independent editing services. Atticus does not own or control these third parties and you assume all risk if you choose to deal with such individuals or entities.
1.7 Your business and relationship with Atticus shall be governed by the laws of the United States and the State of Wyoming.
3. Acceptance of Terms
3.1 You cannot use the Atticus System if you do not agree to the Terms. You accept the Terms by either selecting “I agree” to these Terms, and or by using the Services in any way such as downloading or uploading any materials, Services or programs made available by Atticus by you or any other person, or by merely perusing, browsing or testing the Atticus System.
3.2 You must not use the Atticus System if you are either: (1) prohibited by law from using or receiving the Atticus System; or (2) you are not fully competent or capable of entering into a binding contract with Atticus, such as if you are not of legal age and also do not have parental consent. By selecting I Agree or using any component of the Atticus System, you affirm that you are not legally prohibited from using the Atticus System and that you are competent to enter this Agreement and you are over the age of eighteen. You acknowledge that Atticus’s Services, programs, and materials are not intended for children under the age of eighteen.
4.1 The Atticus products, Services, logos, and materials are the sole property of Atticus. The components of the Atticus System are proprietary and protected as Atticus’s intellectual property. Except as expressly provided in the Terms, Atticus does not grant any rights to use Atticus System. All rights, interests, and title to Atticus’s products, Services and materials throughout the world, are and will continue to be the exclusive property of Atticus and nothing in the Terms will be construed to confer any license or right, by implication, or otherwise, under copyright or other intellectual property rights, to you or any third party, except as specifically provided in the Terms. As noted above, however, our ownership of our products and Services does not give us any rights in the works you create using the Atticus System.
4.2 Except as we specifically permit in this Agreement, you are not allowed to use any Atticus trademark, logo, or any other identifiable form of Atticus products, Services or materials unless prior consent of Atticus has been granted.
5. Licensing Grant
5.1 Atticus grants you a revocable, non-exclusive, non-transferable, limited right to use the Atticus Services and a license to use Atticus software and other components of the Atticus System solely on devices owned or controlled by You, and to access and use the Atticus System on such devices strictly in accordance with this Agreement.
5.2 You shall use the Atticus System strictly in accordance with the terms of this Agreement and shall not attempt to: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Atticus software; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from any Atticus System including its software; (c) violate any applicable laws, rules or regulations in connection with your access or use of the software; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Atticus or its affiliates, partners, suppliers or licensors; (e) use the software for any purpose for which it is not designed or intended; (f) distribute the software on multiple devices; (g)make the software available over a network or other environment permitting access or use by multiple devices or users at the same time; (h) use the software for creating derivative software or a service designed to compete with Atticus; (i) use the software to send automated queries to any website or to send any unsolicited commercial e-mail; (j) have third-party software send automatic requests to the software or create any type of data pull from Atticus; (k) use any proprietary information or interfaces of Atticus or other intellectual property of Atticus in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the software; or (l) use the Atticus System for any illegal, fraudulent, misleading, threatening, harassing, or disruptive purposes.
6. Infringement Acknowledgement
6.1 You and Atticus acknowledge and agree that, in the event of a third-party claim that your possession or use of the Atticus System infringes any third party’s intellectual property rights, Atticus will have sole responsibility for and complete discretion to control any investigation, defense, settlement, and/or discharge of any such claim of intellectual property infringement. Atticus shall have the unlimited right to resolve any claim as it sees fit. You will, however, promptly notify Atticus in writing of such a claim.
6.2 All material you create using the Atticus System will be your own original work or work that you have written permission to use. The material you submit will not: contain any matter which is defamatory, obscene, unlawful, or violates the intellectual or other property rights of any person or entity; infringe on the rights of privacy, publicity, or likeness of any individual; include any malicious code however described including any virus, worm, ransomware, Trojan horse, time bomb, or back door. In the event of a third-party claim that you have done something in violation of this section, you will have sole responsibility for the investigation, defense, settlement, and discharge of any such claim. Atticus will promptly notify you in writing of such a claim.
7. Termination or Suspension of Use
7.1 Atticus may modify or discontinue, temporarily or permanently, the Atticus System, or any portion thereof, with or without notice. You agree that Atticus shall not be liable to you or anyone else if we do so. Upon the termination of this Agreement, You shall cease all use of the Atticus System. It is your responsibility to maintain a copy of your work at all times. Atticus will exert commercially-reasonable efforts to maintain your work at all times and to provide you access to it. In the event your license to use the Atticus System is discontinued, Atticus will provide you with notice and an opportunity to retrieve your materials. In an emergency situation, especially one which threatens the Atticus System’s operation or the rights of other users, Atticus may temporarily suspend your access until the emergency is resolved. Atticus will use all commercially-reasonable methods to resolve an emergency as promptly as possible.
8. Payment Terms and Conditions
8.1 Your payment to access the Atticus System will be made through a third party. You will not have access to the site until payment is finalized. We do not obtain any information about your payment method such as your credit card number, bank account number, or debit card number. You are responsible for paying all taxes levied in connection with your use of the Atticus System. You are responsible for any fees charged by a third party. Your ability to access the Atticus System may require payment of third-party fees (such as fees to mobile carriers, telephone fees, internet service provider fees, data plan charges, etc.). Atticus has no connection to or responsibility for such fees.
9. Disclaimers and Warranties
9.1 YOU ACKNOWLEDGE AND AGREE THAT THE ATTICUS SYSTEM AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE SERVICES AND SOFTWARE AS WELL AS ANY THIRD PARTY CONTENT AND/OR SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. ATTICUS AND ITS AFFILIATES, PARTNERS, SUPPLIERS, AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE SOFTWARE AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, ATTICUS, AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICES, SOFTWARE, OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SOFTWARE OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE ATTICUS SYSTEM WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE ATTICUS SYSTEM OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ATTICUS OR FROM THE ATTICUS SYSTEM SHALL CREATE ANY ADDITIONAL WARRANTY.
Third-party services and software is used within the Atticus System and also offers links or other connections to third-party services. Atticus is not responsible for the performance, accuracy, or fulfillment of any third-party service. If the terms between the third party and Atticus change, Atticus is not obligated to maintain the results from that service and is not required to continue to provide any benefit or data that was created from the third party, though this will not extend to you losing access to data that you have submitted directly to the Atticus System, such as the content of your work.
10. Limitations of Liability
10.1 Under no circumstances shall Atticus or its affiliates, partners, suppliers, or licensors be liable for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with your access or use of or inability to access or use the Atticus System and/or any third party content and/or services, whether or not the damages were foreseeable and whether or not Atticus was advised of the possibility of such damages. Without limiting the generality of the foregoing, Atticus’s aggregate liability to you (whether under contract, tort, statute or otherwise) shall not exceed the amount you paid for the Atticus System. The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
11. Account Information
12.1 You are neither required nor obligated to provide Atticus with any feedback, ideas, suggestions or proposals. However, if you do submit any of the those things, Atticus may use the information for any purpose without compensation to you.
13. Links to Other Sites
13.1 The products, materials and Services of Atticus may include links that will take you to websites or services not operated by Atticus. Whether the link was provided by Atticus as a courtesy, or whether it was posted by a third-party provider with Atticus’s cooperation, Atticus has no control over non-Atticus websites, goods, or services. You agree that Atticus is not responsible for the availability or contents of any website, third-party product, or Services that it does not operate.
13.2 In some cases, the links to other third-party services or websites may use an affiliate link. Therefore, any link you click on an Atticus product, material, or software should be assumed to be an affiliate link. This user agreement serves as your indication of such a thing since every link cannot be operationally made to dictate whether it is not an affiliate link. Atticus has the right to choose whether or not it will use affiliate links or associate links and as the user you agree to such in the software, material, or products on Atticus.
14. Resolution of Disputes
14.1 Venue. You agree that any claim or dispute you may have against Atticus must be resolved by a court located in Wyoming. You agree to submit to the personal jurisdiction of those courts. You agree that prior to filing any legal action against Atticus you will first meet with a representative of Atticus in person or by phone conference and mutually seek a good faith resolution of the dispute. Arbitration may be required by additional terms of services you use. We will work in good faith to resolve any dispute directly between use. You hereby promise not to institute or participate in any class action against Atticus.
14.2 Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Atticus System in violation of this Agreement you agree that Atticus shall be entitled to apply for emergency relief such as an injunction or temporary restraining order (or an equivalent type of urgent legal relief) in any jurisdiction.
15. Notices and Miscellaneous
15.1 Notice to Atticus. Any notice provided to Atticus pursuant to the Terms should be sent through regular mail at:
1309 Coffeen Ave. Ste. 2513
Sheridan, WY 82801
15.2 Notice to You. Atticus may provide you with notices, including those regarding changes to the Terms, by email, regular mail, postings on or within the Atticus System, or other reasonable means now known or hereafter developed.
15.3 Entire Agreement. The Terms constitute the entire agreement between Atticus and you with respect to your access to or use of the Atticus System and supersede any prior agreements between you and Atticus on such subject matter.
15.4 Non-Assignment. You may not assign or otherwise transfer the Terms, or any right granted hereunder, without Atticus’s written consent. Atticus’s rights under the Agreement are transferable by Atticus.
15.5 Severability. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect.
15.6 Waiver. Any failure by Atticus to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver of that provision or right.
15.7 You are solely responsible for your familiarity and compliance with any laws that may prohibit you from participating in or using any part of the Atticus System.
5.8 IF YOU DO NOT AGREE WITH THE TERMS DO NOT USE THE SERVICES, WEBSITE, OR SOFTWARE OFFERED BY ATTICUS, LLC.
We hope you enjoyed this fun read, and, like it was stated above, we have no nefarious intentions with the provisions above.