If you use this web site, you accept these terms of service.
1. Use of Our Service
What is Adioma? Adioma operates an online visualization creating application that allows our users to visualize textual data by using pictorial language in the form of icons and visual templates. We provide ready-made graphic media and content that is licensable for use under this agreement.
Additional terms may apply for any content that you download from or upload to the Service. Any such additional terms will be made available to you prior to initiating any applicable uploads or downloads.
2. Adioma Accounts
Your Adioma account allows you access the Service and functionality that we may create and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users.
By connecting to Adioma with any third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s account. When creating your account, you must provide accurate and complete information.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use secure passwords (passwords that contain upper and lower case letters, numbers and symbols) with your account. You may not allow any other party to access or use the Service with your unique username, password, or other security code. You must notify Adioma immediately of any breach of security or unauthorized use of your account. Adioma will not be liable for any losses caused by any unauthorized use of your account.
By providing Adioma your email address you consent to our use of the email address you give us to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers.
If you wish to not receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages about updates, improvements, or other offers you might have found useful or otherwise.
3. Service Rules
You agree not to engage in any of these prohibited activities: copying, distributing, redistributing, making publicly available or disclosing any part of the Service in any medium, including but not limited to any automated or non-automated “scraping”. You agree not to use any automated system, including but not limited to “bots”, “crawlers”, “robots,” “spiders,” “offline readers,” or any other programs similar to these, to access the Service by sending more requests to the Adioma servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser.
You agree not to interfere or attempt to interfere with or interact with the system integrity or security or our servers. You agree not to decipher or attempt to decipher any transmissions to or from the servers running the Service. You agree not to take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure. You agree not to upload invalid data, viruses, worms, or other software agents through the Service. You agree not to collect any personally identifiable information, including account names, from the Service. You agree not to use the Service for any commercial solicitation purposes. You agree not to impersonate another person or otherwise misrepresent your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity. You agree not to interfere with the proper working of the Service. You agree not to access any content on the Service through any technology or means other than those expressly provided or authorized by the Service. You agree not to bypass the measures we may use to prevent or restrict access to the Service, including but not limited to features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content. You agree not to use any Adioma Content (as defined below), which includes any Adioma trademarks, in any manner that might reflect adversely on such Adioma Content.
You agree not to use any Adioma trademark or any variant thereof including misspellings or reminiscent words or character combinations as a domain name or as part of a domain name, as a subdomain names, as a metatag, keyword, or any other type of content, branding or software. You agree not to adopt or use, without our prior written consent, any word or mark which is similar to or likely to be confused with Adioma trademarks.
You agree not to copy, imitate or replicate the look and feel of the Service (this includes any part of the user interface, icons, visual templates, sample graphics, etc.) unless you receive written consent of Adioma. You agree not to use any Adioma Content to link to the Adioma website without the prior written consent of Adioma. You agree not to frame or provide hotlinks to the Service or any content other than your own without the prior written consent of Adioma.
We shall have no responsibility for your interactions with other Users, or for any other User’s actions or failure to act.
4. User Content
Some areas of the Service allow Users to submit and publish content such as profile information, textual content, and other content or information (any such materials a User submits or otherwise makes available on the Service is “User Content”). You retain ownership of your User Content.
4.2 Uploading User Content to Adioma.
You agree not to submit User Content that may create a risk of harm, loss, physical or mental injury, emotional distress, death, or any other harm to any other person, or to any animal. You agree not to submit User Content that seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise. You agree not to submit User Content that may constitute or contribute to a crime or tort, or that contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable. You agree not to submit User Content that contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets). You agree not to submit User Content that contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy or publicity. Adioma reserves the right, but is not obligated to, to reject and/or remove any User Content that Adioma believes, in its sole discretion, violates these provisions.
In connection with your User Content, you affirm, represent and warrant the following:
There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your User Content or which might in any way impair the rights granted by you hereunder.
Your User Content is neither obscene, defamatory, or otherwise objectionable.
To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
You will not transmit unsolicited emails or engage in spamming to publicize or promote your relationship with Adioma.
You will not engage in pay per click advertising using keywords which compete with Adioma’s own campaigns in order to promote your relationship with Adioma nor will you use or engage a third party on your behalf to use Adioma in any domain name.
Upon making or learning of any claim that is inconsistent with any of the representations or warranties made by you, Adioma shall send you written notice of such claim, using the email address provided by you to Adioma, specifying the details of the claim as then known to Adioma. Pending the determination of such claim, Adioma may withhold from royalties and/or other compensation due to you hereunder, such sums as are reasonably related to the probable value of the claim as determined by Adioma.
Adioma takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content or Stock Media that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Adioma shall not be liable for any damages you allege to incur as a result of User Content or Stock Media.
5. User Content License Grant
By publishing any designs containing User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant to Adioma a multi-use, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Adioma’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
6. Our Proprietary Rights
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Adioma under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Adioma does not waive any rights to use similar or related ideas previously known to Adioma, or developed by its employees, or obtained from sources other than you.
We love it when / if you give us feedback and suggestions, but unfortunately we can’t pay you if we implement an idea you sent us.
8. Paid Services
8.1 Billing Policies.
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment listed on the Service which we may update from time to time. Adioma may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
8.2 Refund Policy.
You may cancel your Adioma account at any time; however, there are no refunds for cancellation.Payed access time that you did not use is not eligible for a refund. You may request a refund during a 7-day period after you subscribed by e-mailing to support. When requesting a refund, please tell us the reason to help us keep getting better.
8.3 Payment Information; Taxes.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interactions.
Some of the stuff on our site requires you to pay for it, and we love that you’re supporting our artists. By initiating a purchase on Adioma, you agree to pay all charges associated with your transaction. Once you’ve provided a payment to us, we don’t provide any refunds.
9. Adioma Property
Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history and account content residing on Adioma’s servers, may be deleted, altered, moved or transferred at any time for any reason in Adioma’s sole discretion, with or without notice and with no liability of any kind. Adioma does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on Adioma’s servers.
Although your profile might say “King of Adioma”, the status you generate as a Adioma User has no monetary value, and we may delete it.
Adioma cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
12. Third-Party Links
14. No Warranty
The service is provided on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Adioma, its subsidiaries, and its licensors do not warrant that the content, including without limitation User Content and Stock Media, is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.
Adioma does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Adioma service or any hyperlinked website or service, and Adioma will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
15. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Adioma, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service, including without limitation, your submission of User Content or Stock Media. Under no circumstances will Adioma be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.
To the maximum extent permitted by applicable law, Adioma assumes no liability or responsibility for any errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; any interruption or cessation of transmission to or from the service; any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Adioma, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Adioma hereunder or $100.00, whichever is greater.
Notwithstanding anything to the contrary contained herein, Adioma shall not be liable for any damages, costs or losses arising as a result of modifications made to User Content, Stock Media, or other content, any additions or combinations of User Content or Stock Media with other content, or the context in which the User Content, Stock Media, or other content is used by you.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Adioma has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
The Service is controlled and operated from its facilities in the United States. Adioma makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
We disclaim all liability in connection with your use of the Service. To the extent we are found liable for anything, the maximum we are obligated to pay is the greater of $100.00 or however much you paid to us.
16. Governing Law
These terms are governed by the laws of California. If we need to enforce our Intellectual Property Rights against you, you agree to have the issue resolved only in the courts of Santa Clara County, California.
21. No Waiver