Policies

Policies

1 Code of Conduct
2 Privacy Policy
3 Terms of Use
Code of Conduct

Code of Conduct

This code of conduct outlines our expectations for participants within the ADMINTOARCHITECT.COM community, as well as steps to reporting unacceptable behaviour. We are committed to providing a welcoming and inspiring community for all and expect our code of conduct to be honoured.

Anyone who violates this code of conduct may be banned from the community.

Our online community strives to:

  • Be friendly and patient.
  • Be welcoming: We strive to be a community that welcomes and supports people of all backgrounds and identities. This includes, but is not limited to members of any race, ethnicity, culture, national origin, colour, immigration status, social and economic class, educational level, sex, sexual orientation, gender identity and expression, age, size, family status, political belief, religion, and mental and physical ability.
  • Be considerate: Your work will be used by other people, and you, in turn, will depend on the work of others. Any decision you take will affect users and colleagues, and you should take those consequences into account when making decisions. Remember that we’re a world­wide community, so you might not be communicating in someone else’s primary language.
  • Be respectful: Not all of us will agree all the time, but disagreement is no excuse for poor behaviour and poor manners. We might all experience some frustration now and then, but we cannot allow that frustration to turn into a personal attack. It’s important to remember that a community where people feel uncomfortable or threatened is not a productive one.
  • Be careful in the words that we choose: we are a community of professionals, and we conduct ourselves professionally. Be kind to others. Do not insult or put down other participants. Harassment and other exclusionary behaviour aren’t acceptable.
  • Try to understand why we disagree: Disagreements, both social and technical, happen all the time. It is important that we resolve disagreements and differing views constructively. Remember that we’re different. The strength of our community comes from its diversity, people from a wide range of backgrounds. Different people have different perspectives on issues. Being unable to understand why someone holds a viewpoint doesn’t mean that they’re wrong. Don’t forget that it is human to err and blaming each other doesn’t get us anywhere. Instead, focus on helping to resolve issues and learning from mistakes.

Definitions

Harassment includes, but is not limited to:

  • Offensive comments related to gender, gender identity and expression, sexual orientation, disability, mental illness, neuro(a)typicality, physical appearance, body size, race, age, regional discrimination, political or religious affiliation
  • Unwelcome comments regarding a person’s lifestyle choices and practices, including those related to food, health, parenting, drugs, and employment
  • Deliberate misgendering. This includes deadnaming or persistently using a pronoun that does not correctly reflect a person’s gender identity. You must address people by the name they give you when not addressing them by their username or handle
  • Physical contact and simulated physical contact (eg, textual descriptions like “hug” or “backrub”) without consent or after a request to stop
  • Threats of violence, both physical and psychological
  • Incitement of violence towards any individual, including encouraging a person to commit suicide or to engage in self­harm
  • Deliberate intimidation
  • Stalking or following
  • Harassing photography or recording, including logging online activity for harassment purposes
  • Sustained disruption of discussion
  • Unwelcome sexual attention, including gratuitous or off­topic sexual images or behaviour
  • The pattern of inappropriate social contact, such as requesting/assuming inappropriate levels of intimacy with others
  • Continued one­on­one communication after requests to cease
  • Deliberate “outing” of any aspect of a person’s identity without their consent except as necessary to protect others from intentional abuse
  • Publication of non­harassing private communication

Our open source community prioritizes marginalized people’s safety over privileged people’s comfort. We will not act on complaints regarding:

  • ‘Reverse’ ­isms, including ‘reverse racism,’ ‘reverse sexism,’ and ‘cisphobia’
  • Reasonable communication of boundaries, such as “leave me alone,” “go away,” or “I’m not discussing this with you”
  • Refusal to explain or debate social justice concepts
  • Communicating in a ‘tone’ you don’t find congenial
  • Criticizing racist, sexist, cissexist, or otherwise oppressive behaviour or assumptions

Diversity Statement

We encourage everyone to participate and are committed to building a community for all.

Although we will fail at times, we seek to treat everyone both as fairly and equally as possible.

Whenever a participant has made a mistake, we expect them to take responsibility for it. If someone has been harmed or offended, it is our responsibility to listen carefully and respectfully, and do our best to right the wrong.

Although this list cannot be exhaustive, we explicitly honour diversity in age, gender, gender identity or expression, culture, ethnicity, language, national origin, political beliefs, profession, race, religion, sexual orientation, socioeconomic status, and technical ability. We will not tolerate discrimination based on any of the protected characteristics above, including participants with disabilities.


Reporting Issues

If you experience or witness unacceptable behaviour—or have any other concerns—please report it by contacting us via [email protected] All reports will be handled with discretion. In your report please include:

  • Your contact information.
  • Names (real, nicknames, or pseudonyms) of any individuals involved. If there are additional witnesses, please include them as well. Your account of what occurred, and if you believe the incident is ongoing. If there is a publicly available record (e.g. a mailing list archive or a public IRC logger), please include a link.
  • Any additional information that may be helpful.

After filing a report, a representative will contact you personally, review the incident, follow up with any additional questions, and make a decision as to how to respond. If the person who is harassing you is part of the response team, they will recuse themselves from handling your incident. If the complaint originates from a member of the response team, it will be handled by a different member of the response team. We will respect confidentiality requests for the purpose of protecting victims of abuse.

Privacy Policy

Privacy Policy

NetStronghold (UK) Limited Privacy Policy

The NetStronghold (UK) Limited companies (“ATA,” “we,” “our,” “us“) are committed to protecting your privacy. This Privacy Policy sets out how ATA collects, stores, and uses your personal data or personal information (your “data” or “information”) in connection with your use of the services we offer (collectively, the Services“) and your use of our websites at AdminToArchitect.com and all subdomains thereof (collectively, our “Website“). Different laws refer to “personal data” or “personal information,” so the terms “data” and “information” are used interchangeably in this Privacy Policy.

Please read this Privacy Policy carefully to understand how we process your data/information and what your rights are in relation to your information. This Privacy Policy applies only to information that we collect. If you do not agree with this Privacy Policy in general or any part of it, you should not use our Services or access our Website.

1. Information We Collect

We collect and process certain information about you when you use our Services because that collection and processing is within our legitimate interests, such as to provide, improve, maintain, and enhance our Services and technology, to provide you with information about our services, and to ensure the security of the Services and our Website.

We collect and process the following personal information that we receive in connection with your use of the Services and Website:

  • Identifiers: This may include information such as first and last name, username, email address, country, and IP address, browser and operating system configuration.
  • Employment-Related Information: If you are an employee of one of our business customers, we collect business contact information, which may include your name, title, function, name of employer, information about the employer (such as business unit or group number), work telephone number and email address, work mailing address, supervisor or assistant name.
  • Password: Your ATA password (unless you use an identity provider like Google, Facebook, or Security Assertion Markup Language).
  • Performance Information: The courses you have signed up for, taken, or watched.
  • Technical Usage /  Internet or Network Activity Information: This includes technical data or information automatically collected from your computer, mobile phone, or other access device, related to how you use the Services or Website, cookies data, including device information (including but not limited to, identifier, name, and type of operating system) and standard web information, such as your browser type, browser data, usage data, and the pages you access on our Website.
  • Provided Information: Any other information you affirmatively provide to us when signing up for or using the Services, including data you input and any marketing preferences you provide us with.

2. How We Use Your Information

We may use your information in connection with the following:

  • Performance: To provide, maintain, and enhance the Services in fulfillment of our obligations to you and, if you are an employee of a business customer, to your employer.
  • Your Account and Support: To communicate with you about your account and provide customer support per your request when you create an account with us, post information on our Website chat forum, or submit questions, queries or feedback via our Website, survey tool, email, or social media.
  • Advertising: To advertise our services and business features to you and provide you with news and updates related to ATA and our Services, including through direct marketing and interest-based advertising.
  • Validation: To validate your purchase per your request when you provide evidence of purchases of our courses on third-party platforms via our Website.
  • Employees of Business Customers: If you are an employee of one of our business customers, to identify your usage of the Services as it relates to your employer’s use of and subscription to the Services.
  • Certifications: To provide our Services and validate the authenticity of your certificate when you upload a professional certification via our Website.
  • Customer Support and Communication: To provide our Services, communicate with you, and contact you about our Services when you inquire about our product via our Website, email (if you send an email to us), or social media (if you contact us via social media); and to communicate with you through our newsletters and emails where you have provided your consent.
  • Legal and Tax Compliance: To comply with court orders, valid discovery requests, valid subpoenas, other legal obligations, or law enforcement requests. To identify where our users are located in connection with applicable tax laws, in which case we collect your country and IP address in order to comply with our legal obligations.
  • Technical Usage Information: We use the Technical Usage Information we collect in order to: personalise our Website to ensure content from the Website is presented in the most effective manner for you and your device; monitor and analyse trends, usage, and activity in connection with our Website and Services to improve the Website; administer the Website, and for internal operations, in order to conduct troubleshooting, data analysis, testing, research, statistical, and survey analysis; keep the Website safe and secure; and measure and understand the effectiveness of the content we serve to you and others.  
  • Consent: For any other purposes to which you have consented.

3. Cookies

We use cookies, pixel tags, web beacons, and similar files or technologies (“Cookies”) to collect and store the information we automatically collect about your computer, mobile device, and use of the Website. Cookies are files containing small amounts of information that are downloaded to your computer or mobile device when you visit a certain webpage. Cookies are then sent back to the originating webpage on each subsequent visit, or to another webpage that recognises that cookie. Cookies are used in order to make our Website work, or to work more efficiently, and to improve your experience of our Website.

In addition to cookies that are strictly necessary to operate the Website, we use the following cookies:

  • Functional Cookies: These cookies allow us to enhance your experience on our Website. These cookies are set by us.
  • Performance or Analytics Cookies: These cookies enable us to provide a better user experience based on how you use our Website.
    • One of our third-party analytics tools is Google Analytics provided by Google, Inc. Google Analytics uses cookies, small text files containing a string of alphanumeric characters and which are stored on your computer to provide us with statistics on the use of our Website and Services. The reports that we receive from Google disclose aggregate usage trends. For further information on how Google Analytics collects and processes information about you and information on how to opt out from Google’s collection of information from you, please click here.

You can opt out of Google Analytics without affecting how you visit our Website — for more information on opting out of being tracked by Google Analytics across all websites you use, see here.

  • We also use cookies provided by Hotjar Limited in order to better understand your needs and to optimise our Website and Services. Hotjar is a technology service that helps us better understand our users’ experience (e.g., how much time they spend on which pages, which links they choose to click, what users do and do not like, etc.) and this enables us to create user profiles, as well as build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behaviour and their devices, including IP address, device screen size, device type (unique device identifiers), browser information, geographic location (country only), and preferred language used to display our Website. Hotjar stores this information in a pseudonymised user profile. For further details, please see Hotjar’s privacy policy by clicking here.

You can opt out of the creation of a user profile, Hotjar’s storing of data about your usage of our Website, and Hotjar’s use of tracking cookies on other websites by following this opt-out link. Hotjar also honours the Do Not Track header. This means that if you have the Do Not Track header installed, Hotjar will not track you.

  • Targeting or Advertising Cookies: These cookies tell us and the third parties setting them about your browsing habits, so you can be provided with advertising that is more relevant to you. These cookies are set by us or third-parties (such as Google AdWords, Bing Ads, DoubleClick, and LinkedIn).
  • Social Media Cookies: These cookies allow you to share what you have been doing on the Website on social media.
  • Disabling Cookies: If you do not accept the use of these cookies, please disable them by changing your browser settings so that cookies from the Website cannot be placed on your computer or mobile device. These browser settings will typically be found in the “options” or “preferences” menu of your browser; otherwise you should use the “Help” option in your browser for more details. If you only want to limit third-party advertising cookies, you can turn such cookies off by visiting the following links:
  • Your Online Choices (http://www.youronlinechoices.com/)
  • Network Advertising Initiative (http://www.networkadvertising.org/)
  • Digital Advertising Alliance (http://www.aboutads.info/consumers)

4. Disclosure of Your Information to Third Parties

We do not sell your information to third parties, and we do not pass on your information to any other websites. We share your information only with following categories of third parties who perform the following functions:

  • Storage: Cloud storage providers, including AWS located in the United States to store the information you provide and for disaster recovery services, as well as for the performance of any contract we enter into with you.
  • Third-Party Services/Sub-processors: We utilise other companies and individuals to perform certain functions of our Services on our behalf.  We will disclose your information to these third parties only to the extent necessary to perform their functions and not for any other purpose. A list of third-parties who process your information (referred to as “sub-processors”) is available here: subprocessors (the “Sub-processor List”), as may be updated from time to time.
    • Our payment provider sub-processors who process your payment for the Services you purchase are listed in our Sub-processor List. You can learn more about their privacy policies at the sub-processor’s websites.
  • Analytics: Third-party services, including sub-processors, for analytics purposes, which help us understand your usage of our Services. We provide these third parties with a limited amount of your information (such as your email address and signup date) when you visit our Website or use our services so that we can improve our service to you based on your usage. We may also use some of them as a medium for communication, either through email or messages within our Services.
  • Authentication: Third-party services, including sub processors for authentication services to authenticate, identify, and grant access to our Services.
  • Employees of Business Customers: If you are an employee of one of our business customers, we will share information generated from your use of the Services with your employer, such as courses taken, account usage, and course results.

Additionally, there are other situations where we may have to share your personal information, such as:

  • Obligations and Protection: If we have a legal obligation to share your information; if we have to enforce or apply our terms of use or other agreements; to detect, prevent, or otherwise address security, fraud, or technical issues; or to protect the rights, property, or safety of us, our users, a third party, or the public as required or permitted by law (exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction).
  • Business Transfers: In the event that we sell or merge our business or sell substantially all of our assets (or are preparing to take these actions), in which case we may disclose your information to the prospective merger entity or buyer of such business or assets; and if we or substantially all of our assets are acquired by a third party, the information held by us about our users will be one of the transferred assets. In these cases, we will take reasonable steps to ensure your information remains subject to protections at least as protective as the terms of this Privacy Policy.
  • With Your Consent: In other circumstances where we may wish to share your information with third parties, we will send you a notice about the intended sharing, and you will have an opportunity to choose not to have your information shared. In addition, if you voluntarily upload to public areas of the Website you will be sharing that information publicly with other users having access to those areas.

5. Keeping Your Information Secure

In an effort to keep your information secure, when we receive your personal information, we take certain Technical and Organisational Measures and Platform Security measures.

  • Payment Processing: In processing your payments through our payment processors, we do not retain any personally identifiable information or any financial information such as credit card numbers. Instead, all of that information is provided directly to our third-party processor.
  • Fraud Prevention: ATA uses third-party service providers who employ automated decision making for the purpose of fraud detection and prevention; and by creating an account, you consent to automated decision making for this purpose. We may update the techniques and tools we use over time. 

Although we have these measures in place, please note that transmitting information over the internet is generally not completely secure, and we cannot always guarantee the security of your data.

6. Your Rights In Your Information

You may have certain legal rights in your personal information. If you reside in the European Economic Area, these rights are governed by the European Union’s General Data Protection Regulation (“GDPR”); if you are a resident of California, these rights are governed by the California Consumer Privacy Act (“CCPA”); if you reside or are located in a different jurisdiction, these rights may be governed by the applicable data protection laws of your jurisdiction. We are committed to complying with these data and privacy laws.

GDPR

Individual Customers: If you are using our Services for your own personal purposes (as opposed to in connection with your employment through a subscription obtained through your employer) ATA is your data controller for the purpose of GDPR.

Corporate Customers: If you are using our Services in connection with your employment, your employer is your data controller for the purposes of the GDPR, and ATA is your data processor collecting and using that data only to provide the services to your employer. Your employer may have their own privacy notices that will apply to your use of our Services.  Your employer will have access to your information we collect in connection with your use of the Services.

Under GDPR, subject to certain conditions and exceptions, your rights in your personal information include the following:

  • The right to be informed about whether your personal information is being processed and to request access to and certain information about your information we process.
  • The right to request that we correct or update any information you believe is inaccurate and to request that we complete any information you believe is incomplete.
  • The right to request that we erase your personal information in certain situations, including:
    • where it is no longer necessary for us to hold your personal information for the purpose originally collected or processed;
    • where you have provided your personal information to us with your consent and you wish to withdraw your consent, and there is no other legal ground under which we can process your personal data;
    • where we are processing your personal information on the basis of legitimate interests and you object to such processing and we cannot demonstrate an overriding legitimate ground for the processing; or
    • where you believe the personal information we hold about you is being unlawfully processed by us.
  • The right to request that we restrict processing of your personal information in certain situations, including:
    • where you believe the personal information we hold about you is inaccurate and while we verify accuracy;
    • where we want to erase your personal information due to unlawful processing but you want us to continue to store it;
    • where we no longer need your personal information for the purposes of our processing but you require us to retain the data for the establishment, exercise, or defence of legal claims; or
    • where you have objected to us processing your personal information based on our legitimate interests and we are considering your objection.
  • The right to request that we transfer personal information collected to another organisation or directly to you.
  • The right to object to/stop our processing of your personal information based on our legitimate interests. In that case, we will no longer process your personal information unless we can demonstrate an overriding legitimate ground. At any time you have the right to object to our processing of information about you in order to send you marketing, including where we build profiles for such purposes, and we will stop processing the data for that purpose.
  • The right to not be subject to automated decision making, including where we build profiles for such purposes, where the decision would have a legal effect on you or produce a similarly significant effect.
    • In accordance with GDPR, ATA may use automated decision making where it is necessary for entering into or performing a contract between you and ATA, or otherwise with your consent.  Note that, as mentioned above, ATA uses automated decision making for the purpose of protecting your account and the Website from fraud.

Please note that these rights above are limited under GDPR, for example, where fulfilling your request would adversely affect other individuals, our trade secrets or intellectual property, where there are overriding public interest reasons, or where we are required by law to retain your personal information. In addition, if you consider that our processing of personal data relating to you infringes your rights under GDPR, you have the right to complain to your applicable data protection supervisory authority.

California Residents

If you are a California resident, the CCPA provides you with the following rights:

  • The right to know the specific pieces and/or categories of personal information that we have collected about you over the past 12 months, the categories of sources for that personal information, the business or commercial purposes for collecting the information, the categories of personal information that we have disclosed, and the categories of third parties with which the information was shared.
  • This information is listed in the above sections of this Privacy Policy.
  • The right to request that we delete the personal information we have collected from you (and direct our third-party service providers to do the same). This right is subject to several exceptions where the information is necessary for us or a third party to do any of the following:
    • complete the transaction for which we collected your information or perform our contracts with you; 
    • provide you with a good or service requested by or reasonably anticipated based on your relationship with us; 
    • detect security incidents and protect and prosecute against malicious, deceptive, fraudulent, or illegal activity;
    • debug to identify and repair errors that impair our Website or Services;
    • exercise free speech or ensure others can exercise free speech or other legal rights; 
    • comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 of Title 12 of Part 2 of the California Penal Code;
    • engage in public or peer-reviewed scientific, historical, or statistical research in the public interests that adheres to all other applicable ethics and privacy laws;
  • making internal uses that are reasonably aligned with your expectations based on your relationship with us;
  • comply with a legal obligation; or
  • make internal lawful use of your information in a manner compatible with the context of providing the information.
  • The right to opt-out of the sale of your information.
  • We do not sell your personal information or disclose your information to third parties for their direct marketing purposes.
  • If, in the future, we intend to sell or disclose your information for third-party marketing, we will provide you notice; and you will have the right to opt-out of the sale of your personal information via a “Do Not Sell My Personal Information” or similar link and you will have the right to request certain information about our disclosure of personal information to third parties for their own direct marketing purposes during the 12 months preceding your request. This request will be free and may be made once per year.
  • The right to not be discriminated against for exercising any of your rights under the CCPA.

Exercising Your Rights

To exercise any of your rights listed above, whether under GDPR or CCPA, please contact ATA at [email protected]

If you are an employee of one of our business customers, please contact your employer to exercise your rights in your personal information.

We intend to respond to a request for access or deletion within 1 month of receiving a request under GDPR, within 45 days of receiving a request under the California Consumer Privacy Act, or within the time period permitted under any other applicable law. If we need more time, we will inform you of the reason and the extension period.

Note that we may require that you verify your identity in order for us to process your request. If we are unable to verify your identity, we may deny your request and we will let you know if that is the case.

Additionally, deleting or restricting the processing of your personal information may impact the features of our Services that require that information to function.  As a result, if you delete or restrict processing of your personal information, you may no longer be able to use all or part of the Services.

7. Children

We do not knowingly collect personal information from children under age 16 for any purpose. If we learn that we have collected personal information of a child under age 16, we will attempt to delete that personal information as soon as possible and take any other measures required under applicable law.

8. International Transfers

If you are located in the European Economic Area, your personal information will be transferred to and processed by:

  • Our third-party suppliers (as described above) located outside the EEA where such transfers will be subject to the European Commission’s model contracts for the transfer of personal data to third countries (i.e., the standard contractual clauses).

9. Changes

We may make changes to this Privacy Policy at any time. The “Last Updated” date at the top of this page refers to the last date that this Privacy Policy was updated. All changes to this Privacy Policy are effective immediately upon notice, which notice we may give by any means, including, but not limited to, by posting a revised version of this Privacy Policy or other notice on the Website. Please check back frequently for any updates or changes.

10. Contacting Us

Questions, comments, and requests regarding this Privacy Policy are welcomed and should be addressed to: [email protected] The ATA entities applicable to this Privacy Policy are NetStronghold (UK) Limited, Wimbletech - Zone 1 Wimbledon Reference Library, Wimbledon Hill Road, London, United Kingdom, SW19 7N

Terms of Use

Terms of Use

TERMS OF USE

These Terms of Use (“Terms”), together with any other documents referred to herein, sets forth the terms and conditions governing your use of the websites and apps (the “Website”) owned or operated by NetStronghold (UK) Limited. and its parents, subsidiaries, and affiliates (collectively, “ATA, us, our, or we”), including https://admintoarchitect.com, as well as the provision, access, and use of all services, products, and platforms (collectively, the “Services”) offered by ATA to you as an individual consumer.  

IMPORTANT LEGAL NOTICE

Please read these Terms carefully before using the Website or purchasing a subscription to the Services.  By using the Website and/or by purchasing a subscription, you accept and agree to these Terms.  Certain provisions of these Terms may be expressly superseded by designated legal notices or terms posted on particular pages on the Website or in connection with the Services, and those notices or terms will be incorporated into these Terms by reference.

IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE OR SERVICES.

SERVICES

The Services may include both free services and paid services.  You may access and use certain paid Services only by purchasing a subscription (a “Subscription”) or individual products (a "Product").

PRIVACY POLICY

Use of the Website and Services is subject to our Privacy Policy, which is incorporated into these Terms by reference.  A copy of our Privacy Policy is available above. Please review our Privacy Policy to see how we collect, store, and use your personal information/data.

  1. Intellectual Property Rights.  All Intellectual Property rights in all content, materials, works of authorship, or inventions available in connection with or incorporated into the Website or the Services (collectively, “Website Content”) are owned by ATA or its licensors.  “Intellectual Property Rights” means all intellectual property and proprietary rights, whether registered or unregistered (and all renewals and extensions thereof), in and to all forms of intellectual property and proprietary materials, in any and all media now known or hereafter devised, including but not limited to, all works of authorship, content, audio-visual works, photographs, materials, inventions, marks, software, music compositions and sound recordings, mask works, data, business names, logos, processes, domain names, URLs, designs, “look and feel” of the Website, trade secrets, source code, and moral rights (where applicable), together with all copyright, trademark, patent, and other rights therein.  All rights in Website Content not expressly granted in these Terms are reserved by ATA or its licensors.
  2. User Content
    1. Interactive Areas.  The Website or Services may contain comment sections, discussion forums, or other interactive areas (“Interactive Areas”), where you may post or upload user-generated content, comments, video, photos, messages, other materials or items (collectively, “User Content”).  You are solely responsible for your use of any Interactive Areas, and you use them at your own risk.  Interactive Areas are available for individuals aged 16 years or older.  By accessing any Interactive Area, you represent that you are 16 years of age or older.
    2. License to User Content.  Other than “personal data” and/or “personal information” or similar term (each as defined by applicable law) (“Personal Data”), any User Content you transmit or post to the Website will be considered non-confidential and non-proprietary.  By submitting User Content (other than personally identifiable information), you grant us the royalty-free, perpetual, irrevocable, sublicensable, non-exclusive, right to use, copy, disclose, reproduce, broadcast, sell, redistribute, publish, distribute, prepare derivative works of, perform, publicly display, modify or otherwise exploit such User Content (in whole or in part) and all data, content, materials or works incorporated therein, throughout the world and in any and all media now known or hereafter devised, for any and all commercial or non-commercial purposes and without any compensation or consideration owed.
    3. Your Responsibility.  You are solely responsible for ensuring that your User Content does not infringe upon or violate the rights of any third party, and you assume all liability if your User Content does so infringe upon or violate any third-party rights.  We are not responsible for the accuracy or credibility of any User Content, and do not take any responsibility or assume any liability for any actions you may take as a result of reading other User Content posted on the Website.  Through your use of Interactive Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive.  There may also be risks of dealing with underage persons, people acting under false pretence, international trade issues, and foreign nationals.  By using Interactive Areas, you assume all associated risks.
  3. Registering an Account.
    1. Your Account.  You may have the opportunity to register to participate in Interactive Areas such as forums and other community features by creating a user account (“Your Account”).  Creating Your Account may allow you to receive information from us and/or to participate in certain features on the Website (other than the Services).  By registering you represent and warrant that all information that you provide is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your information on the Website so that it remains current, complete, and accurate. You are responsible for obtaining and maintaining all connectivity, computer software, hardware, and other equipment needed for access to and use of the Website and all charges related to the same.
    2. No Account Sharing.  Only you are permitted to use Your Account.  You may not share your user name and password with any other person nor with multiple users on a network.  You are solely responsible for maintaining the security of your password, and you will promptly notify us if you suspect Your Account or password has been compromised.
  4. Usage Restrictions.  You may not (or allow anyone else to) engage in any of the following when using the Website or Services (the “Usage Restrictions”):
    1. circumvent, or attempt to circumvent, any security feature or access restriction of the Website or Services or any part thereof;
    2. modify, decompile, reverse engineer, recreate, disassemble, or otherwise make any changes to the Website or Services;
    3. falsify or delete any author attribution, legal, or other notices or proprietary designations or labels of the origin or source of software, the Subscription Content, or other components of the Services;
    4. without ATA’s prior written consent (i) copy, disclose, reproduce, broadcast, sell, redistribute, publish, distribute, prepare derivative works of, perform, publicly display, modify, combine with other products or services, or otherwise exploit the Services or Subscription Content (defined below), or (ii) download Subscription Content not made available by ATA for download;
    5. permit any non-User third party to view, access, or use the Services or Subscription Content (defined below) or access or use the Services in a way intended to avoid incurring fees or exceeding usage limits, including allowing multiple persons to use one User license;
    6. modify the Services or Subscription Content or combine the Services or Subscription Content with other products, processes, or services, in any manner not authorized by ATA;
    7. use the Services or the Subscription Content in any manner that infringes upon or violates the Intellectual Property Rights or rights of publicity or privacy or a third party (including but not limited to, by harvesting or collecting personally-identifiable data or information about users of the Services or the Website or posting private information about a third party);
    8. input, upload, transmit, access, or otherwise provide to or through the Services, any information or materials that are unlawful or injurious, or contain, transmit, or activate any material that is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, or other malicious software) (collectively, "Malware");
    9. access or use the Services for purposes of competitive analysis or the development or provision of a competing service or product;
    10. use the Services in violation of any law, rule, or regulation applicable to the Services;
    11. use the Services in any manner that is reasonably likely to damage, disable, overload, or impair the Services, interfere with any third party’s use and enjoyment of the Services, or in any manner that ATA, in its sole discretion, deems excessive or abusive; 
    12. impersonate any person or entity, including, but not limited to, ATA or any ATA employee, or falsely state or otherwise misrepresent your affiliation with any person or entity; or
    13. publish any User Content that contains any material that (i) is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, intended to incite hatred of any person or group, discriminatory, in breach of confidence, or which may cause annoyance or inconvenience, (ii) is known to be false, misleading, or inaccurate, (iii) constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be in violation of the law, (iv) infringes on or violates the rights of any third party, including but not limited to copyright, trademark, patent, trade secret, privacy or publicity rights (for example, by using the name or likeness of an identifiable person without their consent), (v) contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, (vi) ATA, in its reasonable discretion, believe restricts or inhibits anyone else from using or enjoying the Services.
  5. Monitoring by ATA.  We have the right, but not the obligation, to monitor the Website and Services, including Interactive Areas and User Content posted, to determine compliance with these Terms and any operating rules established by us and to satisfy any law, regulation, or authorized government request.  ATA reserves the right to, in its sole discretion, remove, block, refuse to post, modify, or take other action with respect to User Content as ATA deems appropriate, including but not limited to, where ATA believes that User Content is in violation of these Terms.  You are solely responsible for creating backup copies of User Content at your sole expense.  The decision by us to monitor and/or take action with respect to User Content does not constitute any responsibility or liability on our part in connection with or arising from your use of Interactive Areas.  ATA will fully cooperate with any law enforcement authorities or court order requesting or directing ATA to disclose the identity or locate anyone posting any material in violation of the law.
  6. Trials and Pilots.  ATA may offer free or discounted trials of our Services (“Trial”), in our sole discretion.  If ATA offers such a Trial, the Trial will be subject to these Terms and/or any other terms as ATA determines in its sole discretion.  If you sign up for a Free Trial, you may cancel a Trial at any time before it expires by following the relevant instructions.  ATA may cancel or modify the terms of any free Trial at any time and in our sole discretion, without prior notice and without liability.  At the end of the term of a Trial, you will need to subscribe to the Services if you want to continue using the Services.
  7. Disclaimers.
    1. External Site Disclaimer.  The Website and certain features of the Services provide links to external Internet sites.  ATA will not be liable for the use or the content of internet sites that link to the Website or which are linked from it.  ATA does not represent that it endorses any external sites or the content thereon, or that it believes the operation of any external site will be accurate, useful, or non-harmful.  External sites may have technical inaccuracies, may cause mistakes or errors, and may transmit, store, or otherwise manipulate data in a manner that is objectionable to you.  ATA’s DPA and Privacy Policy do not apply to any collection and processing of your Personal Data on or through such external sites.  You are responsible for taking precautions to protect yourself and your computer systems in connection with the use of external sites.
    2. Warranty Disclaimer.  EXCEPT AS MAY BE EXPRESSLY PROVIDED FOR IN THESE TERMS: (A) THE WEBSITE AND THE SERVICES (INCLUDING SUBSCRIPTION SERVICES) AND ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND ATA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; AND (B) YOU ACKNOWLEDGE THAT ATA DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL MEET YOUR NEEDS, RESULT IN ANY SPECIFIC OUTCOME FOR YOU, OR BE UNINTERRUPTED, UP-TO-DATE, TIMELY, SECURE, FREE FROM MALWARE, OR ERROR-FREE.  CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CERTAIN CIRCUMSTANCES, SO, DEPENDING ON WHERE YOU RESIDE, THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
    3. Availability of Website and Services.  While ATA makes efforts to ensure that the Website and Services are normally available 24 hours a day, ATA will not be liable if for any reason the Website only is unavailable at any time or for any period.  Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons beyond ATA’s control.  If the Services provided to you under a Subscription are suspended, please see the terms below regarding “Suspension of Subscription Services”.
  8. Limitation of Liability.
    1. Limitation of Types of Damages.  ATA AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND CONTRACTORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AND AGENTS (COLLECTIVELY, THE “ATA GROUP”) WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOST TIME, LOST DATA, LOST USE, OR DAMAGES TO GOODWILL, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER ANY MEMBER OF THE ATA GROUP WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
    2. Limitation of Liability for the Website Only.  WITH RESPECT TO YOUR USE OF THE WEBSITE ONLY (NOT ANY SERVICES FOR WHICH YOU PURCHASE A SUBSCRIPTION):

YOU FOREVER RELEASE AND HOLD HARMLESS THE ATA GROUP FROM ANY AND ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY IN CONNECTION WITH THE WEBSITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, ANY OTHER WEBSITES LINKED TO THE WEBSITE OR THE MATERIAL ON SUCH OTHER WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE WEBSITE OR ANY OTHER WEBSITES LINKED TO THE WEBSITE.  YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT ATA IS NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITE OR ANY OTHER THIRD PARTIES.  YOU ARE RESPONSIBLE FOR TAKING PRECAUTIONS TO ENSURE THAT THE PROCESS WHICH YOU EMPLOY FOR ACCESSING THE WEBSITE DOES NOT EXPOSE YOU TO THE RISK OF VIRUSES, MALICIOUS COMPUTER CODE, OR OTHER FORMS OF INTERFERENCE WHICH MAY DAMAGE YOUR OWN COMPUTER SYSTEM.

  1. Limitation of Liability for Subscription Services.  WITH RESPECT TO ANY SERVICES FOR WHICH YOU PURCHASE A SUBSCRIPTION:

THE MAXIMUM AGGREGATE LIABILITY OF THE ATA GROUP IN CONNECTION WITH OR RELATED TO SUBSCRIPTION SERVICES, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE AMOUNT PAID BY YOU TO ATA FOR THE SPECIFIC SERVICES GIVING RISE TO SUCH CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

  1. Exclusions.  NOTHING IN THIS SECTION WILL EXCLUDE OR LIMIT ATA’S LIABILITY FOR: (I) DEATH OR PERSONAL INJURY; (II) FRAUD OR WILLFUL MISCONDUCT; OR (III) ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  SOME JURISDICTIONS DO NOT ALLOW FOR CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, SO, DEPENDING ON WHERE YOU RESIDE, CERTAIN OF THE EXCLUSIONS OR LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.
  2. Indemnification. You agree to defend, indemnify, and hold harmless the ATA Group from and against any and all loss, damages, liability, costs, and expenses (including attorneys’ fees) arising from third-party claims related to your use of the Website or the Services.  ATA will have the right to take over the exclusive defence of any claim for which we are entitled to indemnification; in that case, you will reasonably cooperate with ATA’s requests related to the indemnification.
  3. Copyright Infringement.  The provisions of this Section apply only to individuals and corporations that access and use the Website from the United States of America:
    1. DMCA Issues.  ATA values the intellectual property rights of you and others.  We will respond to notices of alleged copyright infringement that comply with applicable law.  If you believe any materials accessible on or from the Website or Services infringe your copyright, you may request removal of those materials (or access to those materials) by submitting written notification to our Copyright Agent designated below.  In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. §512) (“DMCA”), the DMCA notice must include substantially the following (failure to include this information may render your notice ineffective):
      1. your physical or electronic signature;
      2. identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works;
      3. identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
      4. adequate information by which we can contact you (for example, your name and postal address, telephone number, and/or email address);
      5. a statement that you have a good faith belief that use of the copyrighted material is not authorised by the copyright owner, its agent, or the law;
      6. a statement that the information in the written notice is accurate; and
      7. a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner
  4. Liability for Misrepresentation.  Please be aware that you may be liable for damages (including costs and attorneys’ fees) under the DMCA if you knowingly materially misrepresent that material or activity is infringing your copyright.
  5. Export Controls.  Even though the Website may be available worldwide, some or all of the Services may be subject to United States export controls.  As a result, you may not access or use (or permit anyone else to access or use) the Services if you or they: (a) reside in or seek to access the Services from a country that is the target of a comprehensive trade embargo by the U.S. or UK government 
  6. Governing Law and Jurisdiction.  These Terms, their subject matter, and their formation, are governed by and will be interpreted by British law, without regard to conflict of law provisions.  You and ATA agree that any claims or disputes arising from or related to these Terms, the Website, or the Services will be adjudicated exclusively in the British courts or judicial system; and you and ATA agree to submit to the personal jurisdiction of those courts for the purpose of litigating any claim or dispute arising under these Terms, the Website, or the Services.
  7. Termination of Website Access.  We will have the right to immediately terminate your access to the Website if you engage in any conduct which we, in our sole discretion, consider to be unacceptable, or if you breach any of these Terms.
  8. Changes to These Terms.  We may modify these Terms from time to time.  Any changes that do not materially affect Subscriptions and purchases will be effective immediately when published.  If we make material changes to these Terms, which affect Subscriptions or purchases, those changes will be effective as of your next Billing Cycle or when you agree to them, whichever occurs first.  Your continued use of the Website or the Services after the effective date of the change, will act as your consent to the updated Terms.

  9. EU Refunds.  If you are a consumer in the European Union, you have a statutory right to cancel your Subscription and claim a refund at any time before the earlier of: (i) 14 calendar days after the date we send you a confirmation of your Subscription; or (ii) the time when you download or stream Services provided with your Subscription.  To request a refund, please contact us at [email protected]  In this case, your Subscription to the Services will end on the date of cancellation.

  10. Notices
    1. Notices to Us.  If you wish to contact us with questions, complaints, or feedback, you may contact Us by email at [email protected]  We always strive to ensure your experience is a positive one and welcome your feedback.
    2. Notices to You.  We may provide any notices to you by email to the email address associated with your ATA account or by posting the notices on your page or the landing page of the Website or the Services.
  1. Other General Terms
    1. Force Majeure.  We will not be liable for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control including, but not limited to, restrictions of law, regulations, orders, or other governmental directives, labour disputes, acts of God, third party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fibre optic cable cuts, interruption or failure of telecommunications or digital transmission links, Internet failures or delays, storms or other similar events.