Avaima.com – Terms of Service

Last Updated: September 02, 2013

This document contains important things you OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) need to know about accessing and using Avaima.com (hereinafter “Avaima”, “avaima.com”, “us”, “website”, “we”, “our”) website and service (collectively, "Service" or “Services”) provided by avaima.com. These are our terms of service ("Terms"). Please read them carefully.

ACCEPTING THESE TERMS

If you access or use the Service, it means you agree to be bound by all of the terms below. So, before you use the Service, please read all of the terms. If you don't agree to all of the terms below, please do not use the Service. Also, if a term does not make sense to you, please let us know by e-mailing support@avaima.com.

CHANGES TO THESE TERMS

We reserve the right to modify these Terms at any time. For instance, we may need to change these Terms if we come out with a new feature or for some other reason.

Whenever we make changes to these Terms, the changes are effective six (6) weeks after we post such revised Terms to our website (indicated by revising the date at the top of these Terms), or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button). It is your responsibility to check the website regularly for changes to these Terms.

If you continue to use the Service after the revised Terms go into effect, then you have accepted the revised Terms.

PRIVACY POLICY

Privacy Policy is incorporated herein by reference and governs all collection, storage and usage of personal data. By accepting the terms and conditions in this section, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.

By using our Services, you agree that AVAIMA can use such data in accordance with our privacy policies.

DEVELOPER TERMS AND CONDITIONS

If you are a developer of applications for use with the Service, our Developer Terms and Conditions apply with respect to your use of our API, our development platform, our App Builder (our tool for building applications), our App Store (our marketplace through which apps are sold) and the development of applications on and for avaima.com. In the event there is a conflict between these Terms and the Developer Terms and Conditions, the Developer Terms and Conditions will apply.

THIRD-PARTY SERVICES

Your use of the Service may also include the use of API or applications that are developed or owned by a third party. Your use of such third party applications, websites, and services is governed by that party’s own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third party application, website or service that you visit or use. We require third-party developers who use our services to maintain certain standards with respect to your use of their applications and services.

CREATING ACCOUNTS

When you create an account, you may use any name (real, fake or otherwise) for other users to see. If you create a "pseudo anonymous" account, please provide your real name for billing purposes. If you create a "parody" account, you must clearly label your account as such and still provide your real name for billing purposes.

When you create an account you also agree to maintain the security of your password and accept all risks of unauthorized access to your account data and any other information you provide to Avaima.com. AVAIMA cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. We hold no responsibility should a server be hacked, exploited, cracked or in any other way become damaged due to 3rd party actions.

If you discover or suspect any Service security breaches, please let us know as soon as possible.

USING OUR SERVICES

You agree to use our service(s) at your own risk. We are not responsible for any problems that may or may not be a result of using this service. www.avaima.com, our employees and subsidiaries are not responsible for loss of any data or information, server downtime, accidental deletion of E-mail, corrupted E-mail, lost messages, messages not being received by our users, or problems as a result of hackers. You are responsible for your privacy.

We cannot guarantee security of our service, we are not responsible for account information or E-mail content or any other information that passes though our systems being stolen, modified, or intercepted by hackers or anyone else. www.avaima.com assumes no responsibility for the timeliness, deletion, or failure to store personal settings. You also agree

to not use our service for illegal activities, hack into our servers, send spam, or do anything that will disrupt the service of our members, our company, our affiliates, or non AVAIMA users. You may also not sign up for a www.avaima.com account if it is illegal to do so where you live.

Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that AVAIMA may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

ADVERTISEMENTS

Some Avaima.com services are supported by advertising revenue and may display advertisements and promotions on the service. Such advertisements may be targeted to the content of information stored on the Avaima services, queries made through Avaima.com services or other information. The manner, mode and extent of advertising by Avaima.com on its services are subject to change. As consideration for your use of Avaima.com services, you agree that Avaima.com may place such advertising and that Avaima.com shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers on Avaima.com services or your subsequent dealings with advertisers.

SUBSCRIPTIONS

Membership on Avaima is free but the payment and other terms applicable to your subscription of applications (or “Apps”) are outlined in our Subscription Terms.

YOUR CONTENT & CONDUCT

You are responsible for the content that you make available to the Service, including its legality, reliability, and appropriateness.

When you post, link or otherwise make available content to the Service, you grant us the right and license to use, reproduce, modify, publicly perform, publicly display and distribute your content on or through the Service (including via applications). We may format your content for display throughout the Service, but we will not edit or revise the substance of your content itself.

Aside from our limited right to your content, you retain all of your rights to the content you post, link and otherwise make available on or through the Service. You can remove the content that you posted by deleting it. Once you delete your content, it will not appear on the Service, but copies of your deleted content may remain in our system or backups for some period of time.

When we are notified of a potential policy violation, we may review and take action, including limiting or terminating a user’s access to our Services. We may make exceptions based on artistic, educational, or documentary considerations, or when there are other substantial benefits to the public from not taking action.

In order to make Avaima.com a great place for all of us, please do not post, link and otherwise make available on or through the Service any of the following:

• Content that is libelous, defamatory, bigoted, fraudulent or deceptive;
• Content that is illegal or unlawful, that would otherwise create liability;
• Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party;
• Content that contains nudity, graphic sex acts, or sexually explicit material;
• Drive traffic to commercial pornography sites;
• Mass or repeated promotions, political campaigning, phishing scams or commercial messages directed at users who do not follow you (SPAM);
• Private information of any third party (e.g., passwords, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers); and
• Viruses, malware, corrupted data or other harmful, disruptive or destructive files or code;
• Content that harms or interferes with the operation of the networks, servers, or other infrastructure of Avaima.com or others;
• Aggressively add people to your network; Also, you agree that you will not do any of the following in connection with the Service or other users:
• Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service;
• Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
• Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Service;
• Create an account or post any content if you are not over 13 years of age; and
• Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, users of the Service, or third parties;
• Use our products to engage in illegal activities or promote dangerous and illegal acts

AVAIMA.COM'S MATERIALS

We put a lot of effort into creating the Service including, the logo and all designs, text, graphics, pictures, information and other content (excluding your content). This property is owned by us or our licensors and it is protected by U.S. and international copyright laws. We grant you the right to use it.

However, unless we expressly state otherwise or as allowed by our Developer Terms of Service, your rights do not include: (i) publicly performing or publicly displaying the Service, (ii) modifying or otherwise making any derivative uses of the Service or any portion thereof; (iii) using any data mining, robots or similar data gathering or extraction methods; (iv) downloading (other than page caching) of any portion of the Service or any information contained therein; (v) reverse engineering or accessing the Service in order to build a competitive product or service; or (vi) using the Service other than for its intended purposes. If you do any of this stuff, we may terminate your use of the Service.

HYPERLINKS AND THIRD PARTY CONTENT

You may create a hyperlink to the Service. But, you may not use, frame or utilize framing techniques to enclose any Avaima.com trademark, logo or other proprietary information without Avaima.com's express written consent.

Avaima.com makes no claim or representation regarding, and accepts no responsibility for third party websites accessible by hyperlink from the Service or websites linking to the Service. When you leave the Service, you should be aware that these Terms and our policies no longer govern.

A lot of the content on the Service is from you and others, and we don't review, verify or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.

UNAVOIDABLE LEGAL STUFF

THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

IN NO EVENT WILL AVAIMA.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR SUBSCRIPTION OF ANY APPLICATION (OR APP). THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.

COPYRIGHT COMPLAINTS

Avaima.com takes intellectual property rights seriously. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Avaima.com has adopted a policy of terminating, in appropriate circumstances and, at Avaima.com's sole discretion, the accounts of users who are deemed to be repeat infringers. For further information, please see Avaima.com's Copyright Policy.

TERMINATION

If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Service. You may terminate this agreement at any time by contacting us to request deactivation.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Avaima.com regarding the use of the Service, superseding Service.

FEEDBACK

We love feedback. Please let us know what you think of the Service, these Terms and, in general, Avaima.com. When you provide us with any feedback, comments or suggestions about the Service, these Terms and, in general, Avaima.com, you irrevocably assign to us all of your right, title and interest in and to your feedback, comments and suggestions.

QUESTIONS & CONTACT INFORMATION

Questions or comments about the Service may be directed to us at the email address support@avaima.com.