Terms of Service

Effective date: August 20, 2019

ATIK_TECH ("us", "we", or "our") operates the points.city website (hereinafter referred to as the "Service").

1. Terms

By accessing the website at http://points.city, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use of Service and Creation of Content
  1. You agree to not create or use any user created content that contains any of the following:
    1. NSFW content
    2. Illegal content
    3. Sexually explicit content
    4. Drug references
    5. Bullying
    6. Anything damaging to ATIK_TECH or its associates
  2. You agree not to use the Service in order to:
    1. post, upload, transmit or otherwise disseminate information that is nsfw, sexually explicit, illegal, drug related, or otherwise objectionable to ATIK_TECH
    2. defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone;
    3. engage in conduct that is fraudulent or illegal or otherwise harmful to ATIK_TECH or any other user;
    4. upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs or engage in any other activity that may damage the operation of the Service or other users' computers;
    5. violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
    6. attempt to obtain passwords or other private information from other members;
    7. improperly use support channels or complaint buttons to make false reports to us;
    8. develop, distribute, or publicly inform other members of "auto" software programs, "macro" software programs or other "cheat utility" software program or applications in violation of the applicable license agreements; or
    9. exploit, distribute or publicly inform other members of any service error, miscue or bug which gives an unintended advantage; violate any applicable laws or regulations; or promote or encourage illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, compromised accounts, or cheats or hacks for the Service.
    10. You agree to report any non-illegal but TOS breaking behavior to the ATIK_TECH staff, and to report any illegal behavior to the appropriate authorities.
3. Disclaimer
  1. The materials on ATIK_TECH's website are provided on an 'as is' basis. ATIK_TECH makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  2. Further, ATIK_TECH does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
4. Limitations

In no event shall ATIK_TECH or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on ATIK_TECH's website, even if ATIK_TECH or a ATIK_TECH authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing on ATIK_TECH's website could include technical, typographical, or photographic errors. ATIK_TECH does not warrant that any of the materials on its website are accurate, complete or current. ATIK_TECH may make changes to the materials contained on its website at any time without notice. However ATIK_TECH does not make any commitment to update the materials.

6. Links

ATIK_TECH has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ATIK_TECH of the site. Use of any such linked website is at the user's own risk.

7. Violation of TOS

Consequences for violation of this TOS shall be determined by the ATIK_TECH staff. ATIK_TECH reserves the right to ban a user from using the Service for any reason and any offending content will be permanently removed. ATIK_TECH also reserves the right to not disclose the reasoning for a ban and/or content takedown. There shall be no petitioning of bans and/or content takedowns nor action taken to harm ATIK_TECH because of a ban and/or content takedown. If action is taken to harm ATIK_TECH, full legal force will be used against the offender.

8. Class Waiver and Dispute Resolution

THIS SECTION ONLY APPLIES TO YOU IF YOU ARE A UNITED STATES RESIDENT.
You and ATIK_TECH agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

Most disputes can be resolved without resorting to arbitration. In the event of a dispute, you agree to provide us notice of the dispute. This notice must provide a brief, written description of the dispute, the relief requested and the contact information of the party giving it. You must send any such notice to ATIK_TECH by email to [email protected]

The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with one another, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

ATIK_TECH and you agree to resolve any dispute in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding.

The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other ATIK_TECH customers, and cannot be used to decide other disputes with other customers.

If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration.

This Class Action Waiver and Arbitration section shall survive any termination of your account or the Services.

9. Modifications

ATIK_TECH may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

10. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Minnesota and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.