Last updated 11/5/2013
You may use the Website solely for your personal, noncommercial use. You agree that you will not: (a) copy or distribute any part of the Website in any medium without Atlas Obscura's prior written authorization; or (b) alter or modify any part of the Website in any manner. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you represent and warrant to Atlas Obscura that the information you provide is accurate and complete in all respects. You agree that you will be solely responsible for all activity that occurs on your account, whether or not authorized by you. Accordingly, it is extremely important that you keep your password secure. You agree to notify Atlas Obscura immediately in the event you become aware of, or suspect, any breach of security or unauthorized use of your account.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Atlas Obscura without restriction.
Use of the Website is only available only to individuals who are at least 18 years old. If you are not 18 years old, you are not authorized to use the Website.
Third Party Content
The Website may contain links to third party websites that are not owned or controlled by Atlas Obscura. You acknowledge and agree that Atlas Obscura has no control over such sites and resources, is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, features, services, information or other materials on or available from such sites or resources, or any websites that they may link to (collectively, "Third Party Content"). Atlas Obscura shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Content.
Intellectual Property Rights
Except where otherwise indicated, all material included on the Website, including (without limitation) the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein, are owned by or licensed to Atlas Obscura, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. In addition, the compilation and presentation of the Content on the Website is subject to copyright owned exclusively by Atlas Obscura. Content on the Website may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Atlas Obscura or (in the case of User Submissions (as hereinafter defined), the owner of such User Submission). Atlas Obscura reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Atlas Obscura, you hereby grant Atlas Obscura an irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in any media formats now or hereafter created and through any media channels now or hereafter created. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.
Atlas Obscura does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. Atlas Obscura reserves the right to remove Content and User Submissions without prior notice (or to refuse to publish any User Submission) for any reason, and to terminate or refuse a User's access to its Website for any reason.
Atlas Obscura will not tolerate violations of intellectual property rights on the Website. If you are a copyright owner and believe that any User Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"). To provide Atlas Obscura notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of [email protected] that sets forth the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512). You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Warranty Disclaimer and Limitation of Liability
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT ALL CONTENT IS PROVIDED TO YOU "AS IS." TO THE FULLEST EXTENT PERMITTED BY LAW, ATLAS OBSCURA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ATLAS OBSCURA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF ATLAS OBSCURA'S SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY. MEMBEOX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ATLAS OBSCURA WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ATLAS OBSCURA WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL ATLAS OBSCURA BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Website is controlled and offered by Atlas Obscura from its facilities in the United States of America. Atlas Obscura makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Atlas Obscura and its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; or (v) any action taken by a third party using your account or user ID. This obligation will survive these Terms of Service and your use of the Website.
Code of Conduct for Atlas Obscura Users
What Personally Identifiable Information Does Atlas Obscura Collect?
Atlas Obscura collects the following types of personally identifiable information:
• User Provided Information: You may affirmatively provide Atlas Obscura with certain personally identifiable information (such as your name and email address) when participating in various activities on the Website.
• Log File Information: Atlas Obscura's servers automatically record certain information that your web browser sends whenever you visit the Website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
• Information Collected by "Clear GIFs": Atlas Obscura may employ "clear GIFs" (a.k.a. Web Beacons), which are used to track the online usage patterns anonymously (i.e., in a non-personally-identifiable manner). In addition, Atlas Obscura may also use clear GIFs in HTML-based emails sent to users to track which emails are opened by recipients.
How Does Atlas Obscura Use Personally Identifiable Information?
Any personal information that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your public profile page, through a User Submission, etc.) becomes publicly available and can be collected and used by others. Your account name (not your email address) is displayed to other Users when you make a User Submission, and other users can contact you through messages and comments.
If you have not opted out from receiving emails from Atlas Obscura, it may use your email address or other personally identifiable information to send commercial or marketing messages. Atlas Obscura also may use your email address for non-marketing or administrative purposes (such as notifying you of major Website changes or for customer service purposes). You cannot opt out of receiving emails for non-marketing or administrative purposes.
Atlas Obscura uses aggregated information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Website and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. In addition, Atlas Obscura may use "cookies" clear gifs and log file information to deliver content (which may include third party advertisements) specific to your interests, and remember information so that you will not have to re-enter it each time you visit the Website.
Will Atlas Obscura Share Personally Identifiable Information with Others?
Atlas Obscura will not share your personally identifiable information (such as name or email address) with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you have the ability to opt-in or opt-out.
Atlas Obscura may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Website.
We may use data from Google’s Interest-based advertising or 3rd-party audience data (such as age, gender and interests) with Google Analytics. You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads via Google Ads Settings. You may also be interested in the Google Analytics opt-out browser add-on.
Is My Information Secure?
Atlas Obscura has implemented security measures to protect personally identifiable information collected on the Website against loss, misuse or alteration. In addition, your account information is protected by a password for your privacy and security. It is important that you protect against unauthorized access to your password and to your computer by logging off once you have finished using a shared computer. Moreover, despite the precautions described above, Atlas Obscura cannot and does not guarantee that the individual user information you have transmitted will not be intercepted by others and/or decrypted or accidentally disclosed, and it accepts no liability for any unintentional disclosure.
In the Event of Merger, Sale, or Bankruptcy
In the event that Atlas Obscura is acquired by or merged with a third party entity, it reserves the right to transfer or assign the information it has collected from users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of Atlas Obscura's bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, Atlas Obscura may not be able to control how your personal information is treated, transferred, or used.
You must be 18 years and older to register to use the Website. As a result, Atlas Obscura does not collect information about children.
Special Note to International Users
California Privacy Rights
California Civil Code Section 1798.83 permits users of the Website who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail with "California Privacy Rights" in the heading to [email protected] or write us at:
Atlas Obscura Privacy Rights
61 Greenpoint Ave #302
Brooklyn, NY 11222