Your Content & Information.
All information, data, text, software, photographs, graphics video, messages or other materials (“Content”) you upload, post or create using this website is solely your responsibility. You must evaluate and bear all risks associated with the use of any of your Content and mailing of your postcards. You represent and warrant to At.mosphere that: (i) you and your authorized users have the full right, power, and authority to perform any function with relation to the Content (including without limitation uploading, posting, reproducing, distributing, publicly displaying and making derivative works from the Content) that you or they perform via the At.mosphere website; and (ii) your use and the use by your authorized users of the Content does not and will not infringe any copyright or right of privacy, violate any statutory or common law right; interfere with any intellectual property or other proprietary rights of any third party; or contain any matter that is libelous or otherwise in contravention of law. We act merely as a passive conduit for your online design, creation, printing, and mailing of your Content.
Content of Postcard
At.mosphere distance ourselves expressly from the Content of the Postcard and over the structure of which At.mosphere have no control. The Content, accuracy, opinions expressed, and other links in the Post Card/ E-mail are not investigated, verified, monitored, controlled or endorsed by At.mosphere. You are solely responsible for and assume all liability arising from all postcards that you or any other person using your account mail using At.mosphere website. The fact that we allow a Postcard to be mailed does not mean that: (1) we approve or endorse the content of the Postcard, (2) the Postcard complies with all applicable laws, or (3) you will not incur any liability or harm arising from the Postcard.
You will indemnify and hold At.mosphere, and its subsidiaries, affiliates, officers, directors, shareholders, employees, agents, printers, contractors, vendors, co-branders, suppliers, internet service providers, licensors, and partners harmless from any loss, damage, cost, claim, demand, liabilities, settlement, expenses or other harm of any kind, including without limitation costs and reasonable attorneys’ fees, due to or arising out of Your Information, your Content, your use of this website, the use of this website by any person who uses this website while logged on under your user name and password, Postcards mailed using your user name and password, your violation of any laws and your violation of any rights of another person.
Limitation of Liability
At.mosphere will not be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if At.mosphere has been advised of the possibility of such damages), resulting from: (1) the use or the inability to use this website; (2) the cost of procuring substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this website; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on this website; or (5) Content of Postcard mailed; or (6) any other matter relating to this website or the Services.