TERMS OF USE
Atlantic Paradise Water Purifiers ("we", "our" or "us") operates the Atlantic Paradise website, app and platform (collectively, the "Platform") that make it easy to share and view our products and services (collectively, the "Services").
This Terms of Use Agreement ("Agreement") includes our policy for acceptable use of the Services and governs your rights, obligations, and restrictions regarding your use of the Services and the Website. You are only authorized to use the Website or Services and/or Platform if you agree to abide by all applicable laws and this Agreement. By using the Website or Services and/or Platform, you agree to be bound by this Agreement.
Because your privacy is important to us, this Agreement also incorporates, by this reference, our Privacy Policy and Cookie Policy which explains how we collect and use your content and information. Please read the Privacy Policy and Cookie Policy. Without limiting any of the foregoing, Atlantic Paradise complies with
In order to participate in certain Atlantic Paradise Services, you may be notified that you are required to agree to additional terms and conditions and such additional terms are hereby incorporated into this Agreement by this reference.
We may modify this Agreement from time to time and such modification shall be effective upon posting hereof on the Website or Platform. You will be deemed to have agreed to any such modifications by your further use of the Website Platform or Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes You will be deemed to have agreed to any such modifications by your further use of the Website or Platform or Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
If you do not agree with the modifications, please leave the Website or Platform and discontinue use of the Services immediately.
This Agreement was last modified on 16. November 2021.
I. YOUR ACCOUNT / PASSWORD SECURITY / SUSPENSION, TERMINATION
In order to access some features of the Website or Platform or to use certain of the Services, you may be required to register an account to make use of the Services (an "Account"). When creating or updating an Account, you are required to provide us with certain personal information, which may include your name and e-mail address, as well as other information such as your birth date, physical address, and/or likes/dislikes. This information will be held and used in accordance with our Privacy Policy.
You may never use another's Account without permission or permit another to use your Account. You may not create more than one Account. You are prohibited from registering a new Account if you have previously had an Account terminated by us.
You are responsible for keeping confidential any password that you created to use any aspect of the Website or Platform requiring registration and restricting access to your computer. You agree to accept full responsibility for all activities that occur within your Account. You must notify us immediately of any breach of security or unauthorized use of any of your Account. All purchases fall under the refund and return policies as stated.
Although we will not be liable for your losses caused by any unauthorized use of your Account, whether with or without your knowledge, you may be liable for our losses or the losses of our third-party e-commerce affiliates, content providers, merchants, advertisers, sponsors, service providers and licensors (collectively, "Atlantic Paradise Providers") due to such unauthorized use.
Without limiting anything in this Agreement, we reserve the right, in our sole discretion, to restrict, suspend, or terminate your Account and/or your access to all or any part of the Platform or Services at any time, for any or no reason, with or without prior notice, and without liability, including in the event, we stop offering the Services. We expressly reserve the right to restrict, suspend and/or terminate your access to any part of the Platform or Services if we determine, at our sole discretion, that you have violated any of the terms of this Agreement.
II. INLINE CONDUCT
You, as a user, agree to use the Website or Platform only for lawful purposes. Specific prohibited activities include, but are not limited to: criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; promoting illegal or tortuous activities or conduct that is abusive, threatening, obscene, defamatory or libelous; attempting to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Platform or the Content therein; using cheats, automation software, bots, hacks, mods or any other unauthorized software designed to modify or interfere with the Services; using any software that intercepts, mines, or otherwise collects information about other users or copies and stores any Proprietary Materials; interfering with, disrupting, or creating an undue burden on the Platform or the networks or services connected to the Platform; attempting to impersonate another user or person; soliciting personal information from anyone under 18;
collecting, harvesting, soliciting, or posting passwords or personally identifiable information from other users; using the account, username, or password of another account holder at any time or disclosing your password to any third party or permitting any third party to access your Account; using any information obtained from the Services or the Platform in order to harass, abuse, or harm another person; using any unfair, misleading or deceptive Content intended to draw traffic to one's profile; using the Website or Platform or Services in a manner inconsistent with any and all applicable laws and regulations.
Any conduct by you in violation of the foregoing prohibitions may result in the suspension or termination of your Account and your access to the Website or Platform or Services.
III. CONTENT
A. Proprietary Rights
With the exception of Content posted by users of the Website or Platform ("User Submissions"), all materials contained on the Website OR Platform, including all aspects of the Services and the software, graphics, text and look and feel of the sites, and all trademarks (including ATLANTIC PARADISE), copyrights, patents and other intellectual property rights related thereto ("Proprietary Materials"), are owned or controlled by Atlantic Paradise, our subsidiaries or affiliated companies, our third-party licensors, and/or our advertising partners. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of the Platform, in whole or in part. Subject to your compliance with this Agreement and any other relevant policies related to the Platform or Services, we grant you a non-exclusive, non-transferable, revocable limited license subject to the limitations herein to access the Website or Platform and use the Services and Proprietary Materials for your own non-commercial purposes in connection with the Services. You agree not to use the Services for any other purpose.
B. Distribution/Uploading Of Content
You are prohibited from posting on or transmitting through the Website or Platform (e.g., through uploaded content, an author chat or user forum, online review or comment posted on the Platform) any Content that infringes upon a third party's intellectual property rights or is defamatory, damaging, illegal, or offensive.
Without limiting the foregoing, you may not post, modify, distribute, or reproduce in any way on the Website or Platform any copyrighted material, trademarks, or other proprietary information belonging to others unless you have first obtained the prior written consent of the owner of such proprietary rights. It is our policy to terminate the account of anyone who repeatedly infringes the copyright rights of others upon our receipt of proper notification from the copyright owner or the copyright owner's legal agent.
By submitting Content ("Your Content") to any user-submission areas of the Website or Platform, including, without limitation, uploading any materials or participation in any chats or forums, you automatically grant us, or warrant that the owner of such Content has expressly granted us, the royalty-free, irrevocable, sublicensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, prepare derivative works of, copy, perform and distribute Your Content, including all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content, in whole or in part worldwide. You also hereby grant each user of the Website or Platform a non-exclusive license to access Your Content through the Website or Platform, and to use, reproduce, distribute, display, and perform Your Content as permitted through the functionality of the Website or Platform and under this Agreement. The above licenses granted by you in Your Content are perpetual and will only terminate if you've requested the removal or deletion of Your Content from the Website or Platform (such license will terminate within a commercially reasonable time after your request to remove or delete Your Content). You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of Your Content that have been removed or deleted.
Subject to these grants, you retain any and all rights which may exist in Your Content.
We may disclose any of Your Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate our Platform; (iii) to protect the rights or property of Atlantic Paradise and our officers, directors, employees and agents; or (iv) to protect the Atlantic Paradise Providers and any other user.
C. Representations and Warranties
You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all of Your Content and to enable inclusion and use of Your Content in the manner contemplated by the Website or Platform and this Agreement. You further represent and warrant Your Content will not defame any third party and that the use of Your Content on the Website or Platform will not violate or infringe upon the intellectual property rights, or the rights of privacy or publicity, of any third party.
D. Third-Party Content & User Submissions
You acknowledge that Atlantic Paradise is an online service provider that may post content supplied by third parties and users. We have no more editorial control over the Content posted by such third parties (including User Submissions) than does a public library or newsstand. Any opinions, advice, statements, judgments, services, offers, or other information that constitutes part of the Content expressed or made available by third parties, including User Submissions, are those of the respective authors or distributors and not of Atlantic Paradise or its affiliates or any of their officers, directors, employees, or agents. While we retain the right to filter or reject User Submissions and other Content posted by third parties, we review User Submissions and other third party Content in a limited gate-keeper fashion and have no obligation to investigate whether any Content or other User Submissions violate any term of this Agreement and will not do so in most cases. We neither endorse nor are responsible for the User Submissions or any other Content posted to the Website or Platform by anyone other than Atlantic Paradise.
Just as you retain complete ownership of Your Content (subject to the license to us granted above), all other users of the Platform retain ownership of their User Submissions. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any User Submissions in whole or in part.
E. Feedback
If you choose to provide technical, business, or other feedback to us concerning the Website or Platform or any aspect of the Services, we will be free to, and you hereby grant us a license to, use, disclose, reproduce, sublicense, or otherwise distribute or exploit such feedback in our sole discretion without any obligations or restrictions of any kind, including intellectual property restrictions or licensing obligations. You understand and agree that the incorporation by us of your feedback into any of its Services does not grant you any proprietary rights therein.
IV. NOTICE OF INFRINGEMENT
Without limiting the foregoing, if you believe that any Content, including User Submissions, or other materials, posted on the Website or Platform constitutes an infringement of your copyrights, we will respond promptly to any properly submitted notice containing the information detailed below. Written notifications of claimed copyright infringement should be sent to us at the following contact information: atlantic.paradise.digital@gmail.com.
To be effective, the notification must be a written communication that includes the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
V. NON-COMMERCIAL USE
The Website or Platform is for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us (such as the activities of our merchant partners). Any use of the Website or Platform or Services in violation of this provision, including communicating any advertisement or solicitation, or collecting usernames and/or email addresses of account holders by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website or Platform, is prohibited.
VI. AGE OF USERS
We do not intend the Website or Platform to be used by minors under the age of 18. Furthermore, we do not market the Website or Platform for use by minors under the age of 18.
VII. ELECTRONIC COMMUNICATIONS
When you visit the Website or Platform or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, push notices, or by posting notices on the Website or Platform and by
VII. LINKS
The Website or Platform contains links to websites operated by third parties. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products or services available at these sites. If you choose to access any third-party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third-party site.
We reserve the right to disable links from or to third-party sites.
VIII. THIRD-PARTY SITES
The Website pr Platform may enable you to order and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses.
We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information (whether the information is provided by us or directly by the third party) or the quality of availability of such products or services.
We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. All aspects of credit card transactions will be handled by third-party credit card processors or the third party merchants themselves. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Services.
In addition, the Website or Platform may require that you establish an account with a third-party service provider not owned or operated by us. Your agreement and understanding with any such third-party service provider are solely between you and such service provider. We will not be a party to or in any way be responsible for your agreement with such a third-party service provider. Any disputes you may encounter with such a third-party service provider shall be settled solely between you and the service provider.
IX. DISCLAIMERS AND LIMITATION OF LIABILITY
THE WEBSITE OR PLATFORM IS PROVIDED BY US, AND OUR WEBHOST ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY ATLANTIC PARADISE PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE WEBSITE OR PLATFORM, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT USE OF THE WEBSITE OR PLATFORM WILL BE 100% SECURE, UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE OR PLATFORM; OR (IV) THAT THE WEBSITE OR PLATFORM, ITS SERVERS, OR EMAIL SENT FROM OR ON BEHALF OF ATLANTIC PARADISE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY ATLANTIC PARADISE PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR PLATFORM, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEBSITE OR PLATFORM OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO ATLANTIC PARADISE RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE OR PLATFORM.
NEITHER WE NOR ANY ATLANTIC PARADISE PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE WEBSITE OR PLATFORM OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF WE OR SUCH ATLANTIC
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
X. APPLICABLE LAW; JURISDICTION
The Website or Platform is created and controlled by us in
XI. INDEMNITY
You agree to indemnify and hold Atlantic Paradise, the Atlantic Paradise, our subsidiaries, and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website or Platform or Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or Platform or through the Services causes us to be liable to another, or from any claims by an Atlantic Paradise Provider arising from a transaction between you and such Atlantic Paradise Provider.
XII. SEVERABILITY
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
XIII. OTHER
This Agreement is deemed accepted upon your tick off on the “I Accept” button prior to your use of the Website or Platform and Services. This Agreement and your order confirmation constitute the entire agreement between you and us regarding the use of the Website or Platform and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Please contact us at atlantic.paradise.digital@gmail.com with any questions regarding this Agreement.