This Agreement contains the terms and conditions upon which we offer you participation in the AtmosFX Affiliate Program (the “Program”). The Program is being managed by Refersion, our affiliate marketing platform, to facilitate relationships with our affiliates and to provide tracking, reporting, and management of commission payments. Acceptance of this Agreement by participation in the Program creates a binding legal agreement between AtmosFX and you. As used in this Agreement, "we" or “us”means AtmosFX, "you" means the participant in the Program, and "our Website” means www.atmosfx.com. This Agreement supplements the atmosfx.com Terms and Conditions, and Privacy Policy which are incorporated by this reference.

1.Enrollment In The Program

The purpose of the Program is to promote the sale of products offered on our Website. To begin the enrollment process, you must submit an application through the Program Registration Page on our Website. When you provide information during the registration process, you agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy. We will evaluate your application and notify you of your acceptance or rejection. We may reject your application for any reason at our sole discretion. We may reject applications related to websites or social media channels that: (i) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (ii) promote violence, hate, illegal activities or display sexually explicit materials; (iii) are intended to harass or defame anyone; or (iv) otherwise violate our intellectual property rights or those of others. We have the right, in our sole discretion, to monitor your website at any time to determine if you are in compliance with the terms of this Agreement.  If we reject your application, you are welcome to reapply to the Program at any time for our reconsideration.

2. Program Links To Our Website

If you have been notified that you have been accepted into the Program we may, at our option, enable you to provide on your Website or social media channels one or more of the following types of links to our Website: Affiliate Links, Coupon Codes or Email Triggers (collectively, “Program Links”). These links are to permit accurate tracking, reporting and accrual of commissions and may be provided to you in the Program Registration Page on our Website.

You must ensure that each link between your website and our Website is a Program Link. You will earn commissions on sales that originate through Program Links. In order for you to be eligible for a commission on any purchase (including future purchases by a repeat customer), the customer must log in to Atmosfx.com through your Program Link and complete the purchase before logging out. We are not responsible for any failure by you to use Program Links. Because of the difficulty verifying other purchases by customers you refer to us, we will not pay commissions unless you use Program Links. Finally, please note that you may only earn commissions by referring customers to Atmosfx.com.

3.Use of Content

We may provide you with product images, graphics, logos and other content (“Content”) through the Program Registration Page on our Website. We may make available to you a small graphic image that identifies your website as a Program affiliate. This image may be displayed on your website. We may modify the image from time to time. In addition, we encourage you to include a legend that identifies you as an Atmosfx.com affiliate on the homepage of your website that links to the  home page of our Website.

Any content that we provide to you is the property of AtmosFX or its content suppliers and is protected by United States and international copyright laws. We grant you a limited, nonexclusive, full paid, revocable right to use the Content solely for purposes of your participation in the Program. You may not sublicense any Content to any other person or party. Content cannot be used in any form other than the form provided by us.  We reserve all of our rights in the Content. You may not: (a) alter, modify or change any Content or create any derivative Content; (b) use Content in any form other than that provided by us; (c) remove any code or identifying information from any Content; (d) inactivate a link associated with any Content or cause the Content to link to a destination other than our Website; or (e) link to or display any Content that describes a product after it has been discontinued from the Atmosfx.com product catalog.

4. Trademark License; Use of Trademarks

You understand and agree that AtmosFX is the sole and exclusive owner of the entire right, title and interest in and to the “Marks”.  The defined term "Marks" means the following trademarks: AtmosFX: Make Your Holidays Magical With Digital decorations®, the associated logo and any components or variations thereof, and any other trademarks that we own. You have no right to use the Marks except as specifically granted in this Agreement. You shall make no use of any Mark except in the form authorized by us. You shall not adopt or use any name, mark, logo, insignia or design that is, or is likely to be, confusingly similar to or could cause deception or mistake with respect to any of the Marks. You shall not attack the validity of any of the Marks or of our title to any of the Marks at any time, whether during or after the term of this Agreement. You shall not apply for (or aid or abet others to apply for) registrations in the United States or in any foreign country of any mark or design which includes the Marks (or any variations of them), alone or in combination. The goodwill resulting from your use of the Marks (as well as any variations of the Marks) shall inure to our benefit.

You shall not purchase or register domain names that include the Marks or any variations and misspellings of the Marks. Furthermore, you shall not purchase or bid on search engine keywords, AdWords, search terms, or other identifying terms (whether for use in a search engine, portal, sponsored advertising service or other search or referral service) that include the Marks, any components of the Marks, or any variations and misspellings of the Marks. You may use the Marks solely for the purposes authorized by this Agreement. You may not alter graphics containing the Marks in any manner. For example, you may not change the proportion, color, or font of the Marks. You may not display the Marks in any manner that implies sponsorship, endorsement by us other than of your involvement in the Program. You may not use the Marks to disparage our company, our products or services, or in a manner which, in our reasonable judgment, may diminish or otherwise damage our goodwill in the Marks. You acknowledge that all rights to the Marks are our exclusive property, and all goodwill generated through your use of the Marks will inure to our benefit.

You may not dilute or damage the value of our trademarks, and/or products and services. You may not misrepresent AtmosFX's brands including our URL, logos, trademarks and trade names, or misrepresent that either you or your website are AtmosFX.com or operated by AtmosFX.com.

If we determine that you have violated any of the foregoing restrictions, we may (without limiting any other rights or remedies available to us) withhold any commission otherwise payable to you under this Agreement and/or terminate this Agreement. If we are required to enforce any of the foregoing restrictions, you will be obligated to reimburse us for any attorneys' fees and expenses we may incur.

5. Additional Program Restrictions

Be courteous and polite when you are promoting AtmosFX.com. Any affiliate using illegal or unethical marketing methods or spam will be immediately terminated from the Program. You agree to the following restrictions:

(a) You must follow common search engine guidelines, such as: (1) your display URL must match the ultimate actual destination URL; (2) you may not frame our website as a landing page; and (3) you may not create "redirects" or "jump pages" that immediately direct to our website.

(b) You may not engage in any conduct that violates the CAN-SPAM Act of 2003, as amended, or any privacy or data protection law of any jurisdiction.

(c) You may not enable any sales that are not in good faith, such as using any device, public coupon site, program, robot, Iframe, hidden frame or redirect.

(d) You may not use any device or technology that will replace, intercept, interfere, hinder, disrupt or otherwise alter in any manner a Web user's access, view or usage of, our Website or of any affiliate of ours in a manner that causes or otherwise results in a different experience from what was otherwise intended by our affiliate.

(e) You may not use any device or technology that will block, alter, direct, redirect, substitute, insert, or otherwise intercept or interfere in any manner with any click through or other traffic-based transaction that originated from the website of any affiliate of ours with the result of reducing any compensation or other payment earned by or owing to such affiliate.  

(f) You may not issue or post any press release or other broad-based communication regarding your participation in the Program unless you receive our prior written consent. You may promote your website via mailings to recipients who are customers or subscribers to your website's services, provided that the recipients have the option to remove themselves from future mailings and that you otherwise comply with all applicable laws of your jurisdiction. Further, you may promote your website via newsgroup postings to newsgroups that welcome commercial messages.   

(g) You may promote your affiliate store on social media platforms provided that you use the correct and appropriate name and brand likeness. This includes the following:

(1) Correct spelling and capitalization of our brand's name - AtmosFX;

(2) When tagging us in social media posts, you must utilize our correct handle which is: @AtmosFX; and

(3) You are not required to include our hashtags but if you do, ensure that you use the correct form: #AtmosFX or #AtmosFXDigitalDecorations

(h) We do not permit any promoters of coupons or other discounts to join the Program. No commissions shall be payable to any such parties. The Program is void where prohibited.

(i) You will not promote any products or services to children under the age of thirteen (13).

We reserve the right to modify these rules at any time. If we determine, in our sole discretion, that you have violated any of the foregoing restrictions, we may withhold any commission otherwise payable to you under this Agreement and/or terminate this Agreement. If we are required to enforce any of the foregoing restrictions, you will be obligated to reimburse us for any attorneys' fees or expenses that we may incur.

6. Order Processing

We will process product orders placed by customers who follow a Program Link from your social media channel or website to our Website. We reserve the right to reject orders that do not comply with any requirements that we may establish. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations and returns, and handle customer service. Through Refersion, our affiliate marketing platform, we will track sales made to customers who purchase products using Program Links and will make available to you reports summarizing this sales activity. You will not receive any of our individual customer information.

7. Payments

You will be eligible to earn affiliate payments on certain product sales in accordance with Section 8 below. For a product sale to be eligible for payments, the customer must follow a Program Link from your social media or website to our Website, select and purchase the product using our service provider’s shopping platform, accept delivery of the product at the shipping destination, and remit full payment to us. No affiliate payments will be paid if the visitor to the affiliate’s website cannot be tracked by our system.

8. Earning Affiliate Payments

We may pay affiliates based on a percentage of sales, a flat rate, or a tiered commission structure. The payment method and percentage is subject to change from time to time, in our sole discretion. Certain affiliates may receive offers to be paid under different commission structures as we may determine from time to time. If a product that generated commissions is returned by the customer, we will deduct the corresponding commission from your next commission payment. All commission related data under the Program is collected, calculated and managed by Refersion, our affiliate marketing platform, and its data will be the only valid basis used for determining commissions.

9. Length of Cookie Purchase Period

Our Program uses a thirty (30) day cookie purchase period. This means that if a visitor to your social media or website clicks through a Program Link to our Website, you will be eligible for commissions related to purchases made by your visitor within thirty (30) days of its click on the Program Link on your website. We will pay commissions to only one affiliate for purchases associated with a given cookie. To the extent multiple affiliates request payments, Refersion shall determine which affiliate to pay. Its decision shall be final and binding. We may change the length of our cookie period from time to time.

10. Commission Payments

No commissions will be paid to you until you have accrued affiliate payments of at least $25.00. Any money held in your account will not collect interest. Subject to the foregoing, we will pay commissions on a monthly basis. On the first business day of each month, we will pay commissions to you through PayPal or we may give you a gift card at your option. You authorize us to share with PayPal such information and other transaction information necessary for our
use of the payment processing services provided by PayPal.

If a product that generated commissions is returned by the customer, we will deduct the corresponding commission from your next commission payment. If there is no subsequent affiliate payment to you, we will send you a bill for the commission.                 

Affiliate accounts that are “abandoned” will be removed from the Program if their balance is less than $25. An abandoned account is any account that has not been logged into for a period of one (1) year without any transactions having been posted to that account.

11. Customer Policies And Pricing 

Customers who buy products through the Program are customers of AtmosFX.com. All of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product. 

12. Special Rules for Endorsements

All endorsements made by you in connection with any promotions of any product will be accurate and contain all disclosures and disclaimers necessary to prevent such endorsements from being false or deceptive. Such disclosures and disclaimers must be made in a clear and conspicuous manner, and comply with all U.S. federal and state laws, including U.S. Federal Trade Commission ("FTC") regulations, policies and guidelines governing advertising, disclosure and consumer protection, including the FTC's Endorsement Guidelines. The Guidelines may be found here:

https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-govern...

13. Responsibility For Your Website 

You will be solely responsible for the development, operation, and maintenance of your social media channels and website and for all materials or content that appear on them. You are responsible for ensuring that materials posted on your social media or website do not infringe the intellectual property rights of any person or entity. You must have express permission to use another party's intellectual property. We will not be responsible if you use another party's intellectual property in violation of their rights. You will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your social media channels and website. 

14. Data Protection

If you receive any personal identifying information from our customers (“PII") or process such PII under the Program, you warrant, represent and covenant to us that you will comply with all applicable privacy and data protection laws rules and regulations. You agree to implement appropriate systems and processes to comply with this requirement. As such you shall establish and maintain physical, electronic and procedural safeguards to prevent the unauthorized access, use, copying, disclosure, modification, transference, destruction, loss, or alteration of any PII during your use, transmission or storage of any such PII under the Program.

If you receive any PII from our customers, you will: (1) indemnify us for any claim, expense, demand or cost related to your receipt or use of such information or violation of any privacy law or regulation; (2) upon request, provide us with information sufficient to demonstrate your compliance with this section, and allow us to audit your data practices if necessary in our sole discretion; and (3) manage such PII as we may direct.

15. Term

The term of this Agreement will begin upon our acceptance of your Program Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement, you will immediately cease use of, and remove from your website, all Program Links, the Content, all of our Marks, and all other materials provided by us in connection with the Program. You are only eligible to earn commissions during the term of this Agreement, and commissions earned through the date of termination will remain payable subject to Section 8 above. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. 

16. Modification

We may modify any provision of this Agreement at any time by posting a change notice or a new agreement on our Website. We may also announce changes to the terms of this Agreement by email. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following our posting of a change notice or new agreement on our Website will constitute your acceptance of the change.

17. Limitation Of Liability; Indemnification

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commission fees paid or payable to you under this Agreement within the last six (6) months. Unless you notify us of a discrepancy in your commission payments within six (6) months from the date of the applicable payment, such payment shall be deemed accepted and no protest shall be allowed.  

You hereby agree to indemnify and hold harmless AtmosFX and their directors, officers, employees, and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (collectively, the "Losses") insofar as such Losses arise out of or are based on (a) any claim that your use of any trademark or other intellectual property infringes on any other trademark or intellectual property belonging to any third party, (b) any breach of a representation, warranty, covenant or agreement made by you in this Agreement, or (c) any claim related to your website, including, without limitation, any content that resides on your website but that was not provided by us.

18. Miscellaneous

You hereby represent and warrant to us that (i) this Agreement is a legal, valid, and binding obligation, enforceable against you in accordance with its terms; and (ii) any information you provide to us in connection with your participation in the Program will be true and correct. This Agreement will be governed by the laws of the State of Washington, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in King County, Washington, and you irrevocably consent to the jurisdiction of such courts. We may assign our rights and duties under this Agreement in our sole discretion. You may not assign your rights or duties under this Agreement. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective heirs, legal representatives, beneficiaries, successors, and permitted assigns. You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf.

19. Arbitration

Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in King County, Washington before three arbitrators. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. This arbitration agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Washington, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreement, the arbitrators may not award any incidental, indirect or consequential damages, including damages for lost profits.

By joining the Affiliate program, you signify your approval of the terms set out in this Privacy Policy. If you do not agree to this Privacy Policy, do not proceed forward.

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our privacy practices or for other operational, legal, or regulatory reasons. By continuing to our affiliate program after these changes are posted, you agree to the revised policy.

This Privacy Policy (“Policy”) describes the manner in which AtmosFX, Inc. (“AtmosFX”, “we,” or “us”) and our website at www.atmosfx.com (the “Site”), as well as all related websites and other services provided by us and on which a link to this Policy is displayed (collectively, together with the Site, our “Service”) use and collect data from individuals.  This Policy, which is incorporated into and is subject to the AtmosFX Terms of Use, describes the information that we gather from you on the Service, how we use and disclose such information, and the steps we take to protect such information.

Information We Collect on the Service:

• User-provided Information. When you use the Service, we may collect information about you, including your name, email address, mailing address, mobile phone number, credit card or other billing information, your date of birth, geographic area, or preferences and we may link this information with other information about you. You may provide us with information in various ways on the Service. For example, you provide us with information when you register for an account, use the Service, make a purchase on the Service, or send us customer service-related requests.

• Cookies and Automatically Collected Information. When you use the Service, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your device. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service. Please review your web browser “Help" file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept, cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential.  [We may use third party cookies on our Service as well.  For instance, we use Google Analytics to collect and process certain analytics data.  Google provides some additional privacy options described at google.com/policies/privacy/partners/ regarding Google Analytics cookies.]  AtmosFX does not process or respond to web browsers’ “do not track” signals or other similar transmissions that indicate a request to disable online tracking of users who visit our Site or who use our Service.
  
  We may also automatically record certain information from your device by using various types of technology, including “clear gifs" or “web beacons.” This automatically collected information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after you use the Service, the pages or other content you view or otherwise interact with on the Service, and the dates and times that you visit, access, or use the Service. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message. This information is gathered from all users, and may be connected with other information about you.

• Location Information. We may obtain information about your physical location, such as by use of GPS and other geolocation features in your device, or by inference from other information we collect (for example, your IP address indicates the general geographic region from which you are connecting to the Internet).

• Third Party Web Beacons and Third Party Buttons. We may display third-party content on the Service, including third-party advertising. Third-party content may use cookies, web beacons, or other mechanisms for obtaining data in connection with your viewing of the third party content on the Service. Additionally, we may implement third party buttons (such as Facebook “like” or “share” buttons) that may function as web beacons even when you do not interact with the button. Information collected through third-party web beacons and buttons is collected directly by these third parties, not by AtmosFX. Information collected by a third party in this manner is subject to that third party’s own data collection, use, and disclosure policies.

• Information from Other Sources. We may obtain information from third parties and sources other than the Service, such as our partners and advertisers.

How We Use the Information We Collect. We use information we collect on the Service in a variety of ways in providing the Service and operating our business, including the following: 

• We use the information that we collect on the Service to operate, maintain, enhance, and provide all features of the Service, to provide services and information that you request, to respond to comments and questions and otherwise to provide support to users, and to process and deliver entries and rewards in connection with promotions that may be offered from time to time on the Service.

• We use the information that we collect on the Service to understand and analyze the usage trends and preferences of our users, to improve the Service, and to develop new products, services, features, and functionality.

• We may use your email address or other information we collect to contact you for administrative purposes such as customer service or to send communications, including updates on promotions and events, relating to products and services offered by us and by third parties.

• We may use cookies and automatically collected information to: (i) personalize our Service, such as remembering information about you so that you will not have to re-enter it during your visit or the next time you visit the Service; (ii) provide customized advertisements, content, and information; (iii) monitor and analyze the effectiveness of the Service and third-party marketing activities; (iv) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (v) track your entries, submissions, and status in any promotions or other activities on the Service.

When We Disclose Information. Except as described in this Policy, we will not disclose information about you that we collect on the Service to third parties without your consent. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:

• Any information that you voluntarily choose to include in a publicly accessible area of the Service will be available to anyone who has access to that content, including other users.

• We work with third party service providers to provide website, application development, payment processing, hosting, maintenance, and other services for us. These third parties may have access to or process information about you as part of providing those services for us. Generally, we limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such information.

• We may disclose information about you if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws, in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.

• We also reserve the right to disclose information about you that we believe, in good faith, is appropriate or necessary to: (i) take precautions against liability; (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity; (iii) investigate and defend ourselves against any third-party claims or allegations; (iv) protect the security or integrity of the Service and any facilities or equipment used to make the Service available; or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.

• Information about our users may be disclosed and otherwise transferred to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.

• We may make certain aggregated, automatically-collected, or otherwise non-personal information available to third parties for various purposes, including: (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service.

Your Choices

You may, of course, decline to share certain information with us, in which case we may not be able to provide to you some of the features and functionality of the Service. You may update, correct, or delete your account information and preferences at any time by accessing your account preferences page on the Service. If you wish to access or amend any other personal information we hold about you, you may contact us at [email protected]. Please note that while any changes you make will be reflected in active user databases within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt out from receiving commercial email from us by sending your request to us by email at [email protected] or by writing to us at the address given at the end of this policy. We may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us in user account functionality on the Service.

Please be aware that if you opt out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request, and you may continue receiving promotional communications from us during that period. Additionally, even after you opt out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Service.

Third-Party Services

The Service may contain features or links to websites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with information.

Children’s Privacy

Protecting the privacy of young children is especially important. Our Site is a general audience site not directed to children under the age of 13, and we do not knowingly collect personal information from children under the age of 13 without obtaining parental consent.

Data Security

We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of information that we collect and maintain. Please be aware that no security measures are perfect or impenetrable.  We cannot and do not guarantee that information about you will not be accessed, viewed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.  

International Visitors

The Service is hosted in the United States and is intended for visitors located within the United States. If you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Service. By providing any information, including personal information, on or to the Service, you consent to such transfer, storage, and processing.

Changes and Updates to this Policy

Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify this Policy, we will make it available through the Service, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of this Policy.

Your California Privacy Rights

Residents of California have the right to request a disclosure describing what types of personal information we have shared with third parties for their direct marketing purposes, and with whom we have shared it, during the preceding calendar year.  You may request a copy of that disclosure by contacting us at [email protected].

How to Contact Us

Please contact us with any questions or comments about this Policy, information we have collected or otherwise obtained about you, our use and disclosure practices, or your consent choices by email at [email protected].

AtmosFX, Inc.

3518 Fremont Ave N – #581

Seattle, WA 98103