This ATTIC Terms of Service ("TOS") governs your use of ATTIC websites, including but not limited to attic-dc.com, attic.city and all associated subdomains, applications, products and services (the "Services"). By using and accessing the Services, you agree to be bound by and comply with this TOS.
Description of Services
ATTIC is a visual search engine. Content is based on regular indexing of publicly-available third party websites, applications and data services, as well as content provided directly by third parties (e.g., merchants). The search service is limited to specific types of consumer products (e.g., furniture) and specific geographic regions (e.g. Washington DC). ATTIC helps users discover products and merchants through a unique and novel visual search interface, and helps facilitate business-to-consumer relationships by directing users to merchant websites, marketplaces, and physical retail sites.
Information found on ATTIC websites and applications, including but not limited to product information (e.g., origin, age or manufacturer), reflects information indexed from third-party sources. ATTIC does not guarantee the accuracy, authenticity or in any warranty such information. Information indexed by ATTIC reflects the data as it was displayed at the time ATTIC crawled and indexed the information. Content and data displayed on ATTIC is based on a "snapshot" and therefore a historical capture. ATTIC is not responsible for changes to third-party content after initial indexing (e.g, a temporary or permanent change in a product's price).
ATTIC, at our discretion, reserves the right to edit content indexed from third party sources for the purposes of improving accuracy, clarifying information and facilitating or improving search results. ATTIC also reserves the right to delete any indexed content for reasons including but not limited to copyright infringement or subjective editorial choices about the quality or appropriateness of content. We have the right, but not the obligation, in our sole discretion to pre-screen, refuse, or remove any content.
With the exception of our merchant services, advertising services, consumer gift cards and select other ATTIC-branded services, ATTIC does participate directly in the sale of products or services. All sales transactions including ones facilitated directly or indirectly by ATTIC services are the sole responsibility of the buying and selling agents. ATTIC neither guarantees the authenticity of products found, advertised, bought or sold, nor does it in any way warranty the products and/or services bought or sold as a result of discovering them on our websites and applications or by use of our services.
Your Content in our Services
Our Service includes information, data, text, photographs, graphics, video, messages, tags, or other materials ("Content") from a variety of third parties. Such content is the sole responsibility of the person or entity that owns it. ATTIC does not claim ownership of such Content.
Some content that appears on ATTIC websites and applications is generated from an automated process using crawling and indexing techniques. The content comes from a variety of third-party sources including publicly available websites, applications and data services. ATTIC provides original source attributions and hyperlinks back to the original source location for products and services displayed whenever possible.
If you are concerned about the appearance of content that you own, or content for which you are authorized to act on behalf of the owner, and would like to prevent ATTIC from indexing it, first identify the source that ATTIC is indexing. Sources can include merchant websites and online marketplaces (e.g., your website, ebay.com, etsy.com). To prevent ATTIC from crawling, indexing and displaying your content in search results, consider these options:
- ATTIC recognizes the robots.txt protocol and respects the rules websites, applications and data services specify in their robots.txt files. Specifically, ATTIC follows the rules applied to the "Googlebot" crawler, which is used by Google to create their web search engine. You can block "Googlebot" from indexing parts of or your entire website using a properly configured robots.txt file. Alternatively, you can block all search crawlers and indexing services using a robots.txt file. See robotstxt.org for more information.
- Remove your content from the identified source.
Note that taking any of the the actions above may prevent search engines from crawling and indexing your content for display in their search results. You should only take these steps if you do not want your content, including your website and its content, to be discovered by the public through search engines. ATTIC is not responsible for changes to your search engine placement, rank or otherwise for taking these or similar actions. If you're unclear on the technical requirements or potential impact of taking any of these actions, we recommend contacting a professional web developer and/or search engine marketing specialist.
If you are unable to identify the source of your content on ATTIC or have followed the steps above without success, you may contact us at [email protected] for assistance. Please provide specific URLs and/or details about where your content is appearing on our websites or applications.
The steps above will help to prevent ATTIC from crawling, indexing and displaying future content that you own. It will not retroactively remove content that already exists in our index. You can request to have all content for which you hold copyright permanently removed by sending a removal request to [email protected] Please use the subject line "Remove Request" and provide information to help us substantiate that you hold copyright for the content in question (e.g., provide your name, title and affiliation).
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content.
When you upload, submit, store, send or receive content to or through our Services, you give ATTIC a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
Our automated systems may analyze your content to provide you personally relevant product features, such as customized search results and tailored advertising. This analysis occurs as the content is sent, received, and when it is stored.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don't remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not ATTIC's. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law.
It is ATTIC's policy to comply with notices of copyright infringement pursuant to the Digital Millennium Copyright Act. If you've come across content on ATTIC that may violate the law or violate your copyright, let us know, and we'll carefully and promptly review the material and consider blocking, removing or restricting access to it.
ATTIC may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please inform us by following our Copyright Infringement Notification Requirements below.
ATTIC is not able to and will not mediate rights ownership disputes. When we receive a complete and valid takedown notice, we remove the content as the law requires.
Copyright Infringement Notification Requirements
Copyright notifications must include the following elements.
Your contact information.You'll need to provide information that will allow us to contact you regarding your complaint, such as an email address, physical address or telephone number.
A description of your work that you believe has been infringed.In your complaint, be sure to clearly and completely describe the copyrighted content you are seeking to protect. If multiple copyrighted works are covered in your complaint, the law allows a representative list of such works.
Each allegedly infringing URL.Your complaint must contain the specific URL of the content you believe infringes your rights, or we will be unable to locate it. General information about the location of the content is not adequate. Please include the URL(s) of the exact content at issue.
You must agree to and affirm both of the following statements:."I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
"The information in this notification is accurate and I swear, under penalty of perjury, that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Your signature.Complete complaints require the physical or electronic signature of the copyright owner or a representative authorized to act on their behalf. To satisfy this requirement, you may type your full legal name to act as your signature at the bottom of your complaint.
Submission.Provide the aforementioned information in its entirety in a single correspondence to [email protected]
ATTIC is unable to act on infringement requests that are incomplete. Our review process may require additional correspondence with you. Requests for information or clarifications, from ATTIC with you, that go unanswered will be assumed to be revoked by you and ATTIC will take no further action.
Don't misuse our Services. For example, don't interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
You may need an ATTIC Account in order to use some of our Services. To protect your ATTIC Account, keep your password confidential. You are responsible for the activity that happens on or through your ATTIC Account.
Liability for our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. ATTIC may also stop providing Services, or add or create new limits to our Services at any time.
Other than as expressly set out in these terms or additional terms, ATTIC does not make any specific promises about the services. For example, we don't make any commitments about the content within the services, the specific functions of the services, or their reliability, availability, or ability to meet your needs. we provide the services "as is".
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
When permitted by law, ATTIC will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of ATTIC, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the services.
In all cases, ATTIC will not be liable for any loss or damage that is not reasonably foreseeable.
You agree to indemnify and hold ATTIC and its affiliates, members, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out your use of the Service, your violation of this TOS, your violation of any applicable law, rule or regulation, or your violation of any rights of another.
Disclaimer of Warranties
Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. ATTIC and its affiliates, members, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement; and make no warranty that (i) the Service will meet your requirements; or (ii) the Service will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components.
Limitation of Liability
You expressly understand and agree that ATTIC and its affiliates, members, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, 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 ATTIC has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of 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 the Service; (c) conduct of any third party on the Service; or (D) any errors or omissions in any Content. You agree that you must evaluate, and bear all risks associated with, the use of any Content and items, including any reliance on the accuracy, completeness, or usefulness of such Content and items.
All disputes under this TOS that cannot be resolved by the parties shall be submitted to arbitration under the rules and regulations of the American Arbitration Association. Either party may invoke this paragraph after providing 30 days' written notice to the other party. All costs of arbitration shall be divided equally between the parties. Any award may be enforced by a court of law.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify ATTIC and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We'll post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between ATTIC and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.