Our Terms of Service lay out the rules we use to govern the intellectual property on this site. Essentially, this is a contractual agreement between Aymiyo and you, the user of this site and its services. Read the information below to figure out specifically what can and cannot be done with the work seen on this site without our permission, and to understand the restrictions on what each of us is and will be responsible for in relation to the service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES OFFERED BY Aymiyo WORLDWIDE INC. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF AYMIYO AND THE SERVICES OWNED AND OPERATED BY AYMIYO. BY USING AYMIYO IN ANY MANNER, INCLUDING BUT NOT LIMITED TO, VISITING, BROWSING OR POSTING TO THE SITE WWW.AYMIYO.COM. YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF AYMIYO, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER INFORMATION OR MATERIALS ON THE SITE.
1. Acceptance of Terms of Service
By accessing, browsing, or otherwise using the www.aymiyo.com website (the "Service") you agree that you fully understand and agree to be bound by the terms and conditions stated in these Terms of Service.
2. Description of the Service
General Description. The Service is a collaborative website that allows Aymiyo. members to share their ideas and interests with the Aymiyo community. Through the Service you are able to vote and comment on content found in Aymiyo Magazine and on www.aymiyo.com. You can create your own posts, and you can upload your photo and tell us about yourself in your member profile. You can also make connections with friends and learn about others in the Aymiyo community.
Adults Only. The Service is intended for adults only. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Aymiyo. Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Aymiyo. Website as there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
Right to Modify Service. Aymiyo reserves the right to immediately change, suspend, remove, or discontinue any part of the Service or any content (whether submitted by Aymiyo or by a member) for any reason, without prior notice or liability.
Changes to these Terms of Service. Aymiyo reserves the right to modify these Terms of Service at any time, and without prior notice, by posting amended terms at this website, Aymiyo.com/about/terms. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 14 days of their posting on the Aymiyo.com website. If we make changes, we will notify you via email or the Site and will indicate the Terms of Service effective date. Your continued use of the Service indicates your acceptance of the current Terms of Service.
3. Member Conduct
Conditions of Use. As a condition of use, you agree to all of the following:
4. Content Submitted for Inclusion or Made Available on the Service
The Service permits you to share pictures, text, links or other content ("Content") with members of the Service by uploading or posting Content to the Service. All content that you originate is your sole responsibility. Content is not necessarily reviewed by Aymiyo prior to posting and does not necessarily reflect the opinions or policies of Aymiyo. Aymiyo makes no warranties, and hereby expressly disclaims all such warranties, express or implied, as to the Content or accuracy and reliability of the Content or any material or information that you transmit to other members.
License Grants. When you post your own copyrightable Content on or through the Service, you retain ownership of any copyright you claim to your submitted Content. However, by posting your Content through the Service you grant Aymiyo a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to (i) use, reproduce, publish, edit, translate, modify, adapt, distribute, prepare derivative works of, publicly perform, and publicly display the Content alone or as part of other works in any form, media, or technology whether now known or later developed, and to (ii) freely and fully sublicense such rights through single or multiple tiers of sublicensees. You understand that your content may be modified, syndicated, distributed or published by Aymiyo or Aymiyo’s partners, and if you do not have the right to submit the content for such use, it may subject you to liability.
Links to Other Sites and Resources. The Service contains links to other websites or resources. Aymiyo has no control over such external sites and resources. You agree that (i) Aymiyo is not responsible for the availability or accuracy of such external sites and resources, and (ii) Aymiyo does not endorse nor is it responsible or liable for any Content, advertising, products, or materials on or available from such external sites and resources.
Inappropriate Member-Submitted Content. Aymiyo prohibits certain conduct and Content described above and, without obligation, will use reasonable efforts to eliminate such conduct and Content. Nevertheless, you acknowledge and agree that (i) Aymiyo is not and cannot be responsible for Content posted by users, visitors, or members of the Service, (ii) you may be exposed to any such materials or Content, and (iii) you must bear all risks associated with the exposure to and/or use of any Content, including without limitation any reliance on the accuracy, completeness, or usefulness of such Content.
5. Copyright Policy
Aymiyo respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material claimed to be infringing or is the subject of infringing activity that is to be removed or access to which is to be disabled, and information reasonably sufficient to allow us to locate the material; (iv) your contact information, including your name, address, telephone number and an email address; (v) a statement by you that you have a Aymiyo faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Aymiyo reserves the right to remove content alleged to be infringing without prior notice, at our sole discretion, without liability to you. In appropriate circumstances Aymiyo will also terminate a user’s account if the person is determined to be a repeat infringer.
If Aymiyo decides to remove or disable access to Content you have posted as the result of receiving a DMCA notification, we will notify you after removing or disabling access. In our notice, we will provide you access to the reporter’s complaint along with instructions on how to file a counter-notice.
Upon receipt of a valid counter-notice, Aymiyo will promptly forward a copy to the person who filed the original notice. If we do not receive notice within 10 business days that the original reporter is seeking a court order to prevent further infringement of the material at issue, we may replace or cease disabling access to the material that was removed.
7. Warranty Disclaimers
YOU AGREE THAT YOUR USE OF THE SERVICE PROVIDED BY Aymiyo SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Aymiyo, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. AYMIYO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICE, 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 SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. AYMIYO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AYMIYO 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.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
8. Limitation of Liability
YOU AGREE THAT AYMIYO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, AYMIYO WILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE AYMIYO’S AND SERVICES RESULTING FROM ANY AYMIYO’S, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
AYMIYO reserves the right to terminate your AYMIY.COM membership immediately, without prior notice or liability, for any reason. If AYMIYO terminates your membership, your right to use the Service will immediately cease. You can terminate your AYMIYO.COM membership at any time and for any reason, and we will make available through the Service reasonable means for you to do so. All relevant terms of the Terms of Service will survive termination, including, without limitation, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.
Your only remedy with respect to dissatisfaction with (i) the Site, (ii) any term of these Terms of Service, (iii) any policy or practice of AYMIYO in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate your AYMIYO.COM membership at any time by emailing email@example.com with the words “Delete My Account” and your Aymiyo.is username in the subject line. Your membership will be deleted upon 5 business days of Aymiyo’s receipt of the email.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Aymiyo without restriction.
A cash refund will be issued to paid subscribers upon written request to Aymiyo Magazine's customer service department: firstname.lastname@example.org. Refunds are calculated based on the prorated value of un-served issues to the subscriber. For example: If 3 of 6 copies have been served (delivered) then 50% of the subscription fee will be refunded.
Notices. Aymiyo may provide you with notices, including, without limitation, those regarding changes to the Terms of Service and other service-related announcements, by postings on the Service (for example, by posting to the blog, or on the relevant page(s) of the Service affected by such changes).
Trademarks. AYMIYO, the AYMIYO logo, and other AYMIYO logos and names are trademarks of AYMIYO. You agree not to display or use these trademarks in any manner without AYMIYO’s prior, written consent.
Contact Information. Please send any questions or comments, or report any Terms of Service violations, to email@example.com.
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