As a Contributor, you may submit Content and textual or other comments on Content submitted by others (collectively referred to as “Contributor Submissions”). You understand that whether or not a Contributor Submission is published, ATELIER does not guarantee any confidentiality with respect to any Contributor Submissions.

If you are aged 13 - 17, you are welcome to contribute Content to this Site, but only if you have a parent or legal guardian’s written permission. ATELIER reserves the right to remove any Content from the Site if such permission does not accompany such Content.

SUMMARY

• Intellectual Property Rights and Licenses
• Your Use of Site Content
• Contributor Conduct
• Your commercial use of the Web site

INTELLECTUAL PROPERTY RIGHTS AND LICENCES

The content on the Site except Contributor Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and the trademarks, service marks and logos contained therein (”Marks”), are owned by or licensed to ATELIER, subject to copyright and other intellectual property rights under the law. Content on the Site is provided to you for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. ATELIER reserves all rights not expressly granted in and to the Site and the Content.

You retain all of your ownership rights in your Contributor Submissions. However, by submitting your Content to ATELIER, you hereby grant to ATELIER and its affiliates a royalty-free, non-exclusive, perpetual, unrestricted, worldwide license to edit, telecast, rerun, reproduce, use, syndicate, license, print, sublicense, distribute and otherwise exhibit the materials you submit, or any portion thereof, as incorporated in any of their programming or the promotion thereof, in any manner and in any medium or forum, whether now known or hereafter devised, without payment to you or any third party.

You also hereby grant each other Contributor a non-exclusive license to access your Contributor Submissions through the Website, and to use, reproduce, distribute, display and perform such Contributor Submissions as permitted through the functionality of the Website and under these Terms of Service.

The above licenses granted by you in Contributor Submissions terminate within a commercially reasonable time after you remove or delete your Contributor Submissions from the Site. You understand and agree, however, that ATELIER may retain, but not display, distribute, or perform, server copies of Contributor Submissions that have been removed or deleted. The above licenses granted by you in Contributor Submissions are perpetual and irrevocable.

You further agree that you will not submit as a Contributor Submission any Content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ATELIER all of the license rights granted herein. You represent and warrant to ATELIER that neither the Content you submit nor the exercise of the rights granted herein shall constitute a libel or slander against, or violate any common law or any other right of, any person or entity.

YOUR USE OF THE SITE CONTENT

You may access Contributor Submissions of others solely for your information and personal use, and as intended through the normal functionality of the ATELIER Service. Contributor Comments are made available to you for your information and personal use solely as intended through the normal functionality of the ATELIER Service.

Comments of Contributors are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the ATELIER Service or otherwise as prohibited hereunder.

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 Contributor Submissions of third parties obtained through the Site for any commercial purposes.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.

You understand that when using the Site, you will be exposed to Contributor Submissions from a variety of sources, and that ATELIER is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Contributor Submissions. You further understand and acknowledge that you may be exposed to Contributor Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ATELIER with respect thereto, and agree to indemnify and hold ATELIER, its agents, employees, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

CONTRIBUTOR CONDUCT

ATELIER does not endorse any Contributor Submission or any opinion, recommendation, or advice expressed therein, and ATELIER expressly disclaims any and all liability in connection with Contributor Submissions. ATELIER does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and ATELIER will remove all Content and Contributor Submissions if properly notified that such Content or Contributor Submission infringes on another’s intellectual property rights. ATELIER reserves the right to remove Content and User Submissions without prior notice.

In plain English, this means that you must respect the copyright of others. Only upload text, music, video or other documents that you made or that you have obtained the rights to use. Don’t upload Content that someone else owns the copyright to, such as music segments or extracts of copyrighted TV programs made by other users, without their permission.

You may not like everything you see. If you feel any Content violates our Terms of Use, then e-mail us at editorial@atelier-us.com, and it will be reviewed by ATELIER staff. You acknowledge that ATELIER does not have the resources to monitor all Contributor Submissions, and that ATELIER relies on Contributors to assist in identifying inappropriate Content.

YOUR COMMERCIAL USE OF THE WEB SITE

You may upload Content to the Site to promote your business or artistic enterprise.

However, you may not:

• sell access to the Site or its related Services on another website;
• use the Site or its related Services for the primary purpose of gaining advertising or subscription revenue;
• sell of advertising on the Site or any third-party website targeted to the content of specific Contributor Submissions or other Content; or
• use the Site or any of its related Services in such a way that ATELIER finds, in its sole discretion, detrimental to its resources or interests or those of Contributor Submissions.

You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their Contributor Submissions.

ATELIER values your privacy. The information you submit is subject to our Privacy Policy.

The web pages available at www.atelier-us.com and all linked pages (”Site”), are owned and operated by Atelier NA, Inc., a Delaware corporation (”ATELIER”), and are accessed by you under the Terms of Use described below (”Terms of Use”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES.

By accessing this Site or using any part of the Site or any content or services (each as defined below) on the site, you agree to be bound by these terms and conditions. If you do not agree to any of these Terms of Use, then you may not access the Site or use the Content or any Services in the Site. ATELIER’s permission for you to access or use any portion of the Site is conditioned on your agreement to all the Terms of Use, to the exclusion of all other terms purporting to govern such access or use. To the extent that the Terms of Use are considered an offer by ATELIER, acceptance is limited to the Terms of Use.

SUMMARY

• Description of Services
• Your Registration Obligations
• User Conduct
• Contributor Submissions Policy
• Copyright Complaints
• Atelier Privacy Policy
• Indemnity
• Warranty Disclaimers
• Links
• Limitation of Liability
• Termination
• Modifications of Terms Of Use
• Miscellaneous
• Trademarks

DESCRIPTION OF SERVICES

ATELIER may offer to provide certain services and content, as described more fully on the Site (”Services”). Services shall include, but not be limited to, any service and content ATELIER performs for you, as well as the offering of any materials displayed or performed on the Site (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the “Content”) on the Site. ATELIER may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. ATELIER may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

As a condition to using Services, you are required to register with ATELIER and select a password and screen name (”ATELIER User ID”). You shall provide ATELIER with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your ATELIER account. You may not (i) select or use as an ATELIER User ID a name of another person with the intent to impersonate that person; (ii) use as an ATELIER User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as an ATELIER User ID a name that is otherwise offensive, vulgar or obscene. ATELIER reserves the right to refuse registration of, or cancel an ATELIER User ID in its discretion. You shall be responsible for maintaining the confidentiality of your ATELIER password.

Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by ATELIER.

By way of example, and not as a limitation, you agree not to use the Services:

• to abuse, harass, threaten, impersonate or intimidate other ATELIER users;
• to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
• for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
• to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any ATELIER user;
• to create or submit unwanted email (”Spam”) to any other ATELIER user or any URL;
• to violate any laws in your jurisdiction (including but not limited to copyright laws);
• to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;

with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Notwithstanding the foregoing, ATELIER grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the Content, but not caches or archives of any Content. ATELIER reserves the right to revoke these exceptions either generally or in specific cases.

• (i)take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
• (ii)interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
• (iii)bypass any measures we may use to prevent or restrict access to the Site;

To report Terms of Use abuse, please email: support@atelier-us.com

ATELIER’s current contributor submissions policy is available at www.atelier-us.com/contributor (the “Contributor Submissions Policy”), which is incorporated by this reference.

ATELIER respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email: support@atelier-us.com

ATELIER’s current privacy policy is available at www.ATELIER-US.com/privacy (the “Privacy Policy”), which is incorporated by this reference.

You will indemnify and hold harmless ATELIER, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys’ fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or ATELIER User ID, of any copyright, other intellectual property right or other right of any person or entity.

You acknowledge that ATELIER has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content users may install on the Site, how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release ATELIER from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. ATELIER makes no representations concerning any content contained in or accessed through the Site, and ATELIER will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. The service, content, and site are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

The Services may provide, or users or third parties may provide, links to other World Wide Web sites or resources. Because ATELIER has no control over such sites and resources, you acknowledge and agree that ATELIER is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that ATELIER 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 such Content, goods or services available on or through any such site or resource.

In no event shall ATELIER or its suppliers be liable under contract, tort, strict liability, negligence or other legal theory (i) with respect to the site, the service or any content (including without limitation with respect to any contributor submission, as defined in the contributor submission policy) 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. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

ATELIER may terminate or suspend any and all Services and your ATELIER account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your ATELIER account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity and limitations of liability.

ATELIER reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, ATELIER will notify you on its home page (www.ATELIER-us.com) or via email. What constitutes a “material change” will be determined at ATELIER’s sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modification. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind ATELIER in any respect whatsoever.

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

ATELIER shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond ATELIER’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).

If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable.

The Terms of Use are not assignable, transferable or sublicensable by you except with ATELIER’s prior written consent. ATELIER may transfer, assign or delegate the Terms of Use and its rights and obligations without consent.

The Terms of Use shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of San Francisco County and the United States District Court for the Northern District of California.

Notwithstanding the foregoing sentence, (but without limiting ATELIER’s right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with JAMS. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in San Francisco, California using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees.

Both parties agree that the Terms of Use are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

L’ATELIER, ATELIER US, and other ATELIER graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of ATELIER in the U.S. and/or other countries. ATELIER’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available in the ATELIER icon pack may be used by partner and third party sites in connection with providing appropriate links to the ATELIER site.

Atelier’s blog provides daily news, analysis and opinions for its clients and for leading experts in the technology and information industries, as well as for its readers.

From trends in financing and in consumer behaviors, to collaborative tools enterprises utilize on the Internet, Atelier’s writers trace the many fluctuations occurring online. Strengthened by local teams in Europe (www.atelier.fr) and in Asia (asie.atelier.fr), they have a profound understanding of the impacts Web technologies and Internet usage have across countries. This lends Atelier’s delivery of brief and in-depth articles authority.

Since 1978, Atelier has analyzed innovations in technology. By the early 1990s, it also began reporting the news on such updates. Thus, its insights and multi-pronged coverage put it at the forefront of technological change while making an impact on both the tech- and media world. Readers mainly located in the United States and in Western Europe, bearing an interest or investment in technology mainly, refer to Atelier’s blog to on a regular basis.

Reading Atelier’s Newsletter helps you stay ahead in and of the emerging technology marketplace.

__________

Atelier’s Managing Editor
Mathieu Ramage
2415 Third Street
Suite 231
San Francisco, CA 94107
mathieu.ramage@atelier-us.com
+1 (415) 683-1094 (PST)

Inquiries for the web site, such as interviews, tips, press releases, advertising opportunities, etc. should be addressed to editor@atelier-us.com.

Last week Yahoo announced large partnerships with seven mobile carriers in Asia that will give it a significant advantage in the quickly growing mobile Internet market.

The Sunnyvale-based Internet company’s deals involve five online mobile search partnerships and two advertising partnerships, putting it at the head of the mobile search market in front of rivals Google and Microsoft.

The online mobile search partnerships are with Mahanagar Telephon Nigam Ltd. of India, China’s Hong Kong CSL Ltd., Smart Communications, Digital Mobile Phlis, Inc. of the Philippines, andVibo Telecom Inc. of Taiwan.

The mobile advertising partnerships are with Maxis Communications Berhad of Malaysia, and Idea Cellular Limited of India.

The partnerships will make Yahoo the standard search engine on many of Asia’s mobile phones, a position that is quite valuable considering Google’s inferior number in the same category.

Although its rank in online search and advertising fall well behind Google, these overseas partnerships give Yahoo a powerful position in mobile media-one of the fastest-growing Web 2.0 platforms.

In addition, Asia is quickly growing into the world’s largest Internet and mobile service regions, further bolstering Yahoo’s future business plans.

Within the last year and a half, Yahoo has brokered 60 similar partnerships worldwide, including one with T-Mobile, a lesser mobile carrier in the U.S. but a large one in Europe. With the latest deals, Asia now has about one-third of those partnerships.

The deals come in the aftermath of failed negotiations between Microsoft and Yahoo, with the company looking to better its image.

Yahoo also announced new email domain names, seemingly in a similar public relations effort. New users can register under newly formed Ymail and Rocketmail.

The new startup gives users the salaries and company reviews of employees from America’s top businesses as long as they do the same.

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In the wake of their failed bid to acquire Yahoo!, Microsoft is looking to change public perception of its Live Search brand in order to better compete with Google.

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Non-profit attendees at NetSquared’s third annual conference learned Web 2.0 best practices for building an online community and getting the community to work for them.

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Social medial company offers rewards to Facebook users based on their interactions and connections with friends; more social networks will be added soon.

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On Wednesday, Microsoft unveiled a plan that will give users cash rebates after they make purchases found by using the software company’s search engine.

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