Please note that as of April 4, 2020 our Terms of Service are a work in progress. As Ikaria is still taking shape, we will be updating our terms, without notice, until we publicly launch.
Ikaria (or "Service") provides the means for Organizers to create profiles and pages to promote events to visitors or browsers of the Service on the Service or elsewhere.
Ikaria lets you upload files that you own the rights to, and make those files accessible to yourself and those you choose, thereby granting the rights to download and open these files to those given access either implicitly or explicitly through the service. By using Ikaria you agree to only upload files that you own the legal copyright right to upload, and to only share files that you have the legal right to share. As such, no unauthorized copyrighted data is stored on our servers and made publicly available.
Ikaria reserves the right at any time to modify or discontinue, temporarily or permanently, any of the services it provides you with or without notice. You agree that Ikaria shall not be liable to you or to any third party for any modification, suspension or discontinuance of any of the services (or any part thereof) it provides.
Ikaria provides the services (defined below) to you subject to the following Terms of Service, which may be updated by us any time without notice to you. You can review the TOS at any time by visiting https://ikaria.co/policy/tos.
By accessing and using Ikaria services, you accept and agree to be bound by the terms and provisions of the TOS. In addition, when using particular Ikaria owned or operated services, you and Ikaria shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified any time. All such guidelines or rules are hereby incorporated by reference into the TOS.
In regards of your use of Ikaria services, you accept that you are of legal age to form a binding contract and are not a person barred from receiving Ikaria services under the laws of any applicable jurisdiction. You further agree, warrant and covenant that:
(a) you will not use Ikaria services in a way that would: (i) restrict or inhibit any other user from using and enjoying Ikaria Services, (ii) be illegal, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate applicable laws or regulations, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) introduce or propagate a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind or any deceptive online marketing, (viii) constitute or contain false or misleading indications of origin or statements of fact; or (ix) violate the Acceptable Use Policies of any service or technology accessed through Ikaria services: (b) that you are at least eighteen (18) years old; (c) you are not barred from receiving any portion of the Ikaria Services by any applicable law or order; and (d) that all information submitted in connection with your registration is and will remain accurate and complete. Ikaria is concerned about the safety and privacy of all its users. You agree to notify Ikaria immediately of any impending or actual breach of security or other event known to you that may negatively affect Ikaria services.
You will receive a username and password designation upon completing Ikaria services’ registration process. You are responsible for maintaining the confidentiality of the username and password and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Ikaria of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Ikaria cannot and will not be liable for any loss or damage arising from your failure to comply with this Paragraph.
Our credit card order processes are conducted by our online resellers Stripe.com. Strip.com is the Merchant of Record for all new credit card orders. Stripe handles returns for all orders they have processed and provide customer service inquiries if necessary.
You acknowledge that Ikaria may establish general practices and limits concerning use of Ikaria services, including without limitation the maximum number of days that files or other uploaded Content will be stored by Ikaria services, the maximum number of uploads or downloads that may be processed by an account on Ikaria services, the maximum size of any file that may downloaded by an account on the Ikaria Services, the maximum disk space that will be allocated on Ikaria's contracted servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Ikaria Services in a given period of time. You agree that Ikaria has no responsibility or liability for the deletion or failure to store any files and other communications or other Content maintained or transmitted by Ikaria services. You acknowledge that Ikaria reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Ikaria reserves the right to modify these general practices and limits from time to time.
You acknowledge and agree that Ikaria services and any necessary software used in connection with Ikaria services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in any advertisements or information presented to you through Ikaria services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Ikaria or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Ikaria Services, such Content or the Software, in whole or in part.
Ikaria claims no ownership or control over any content uploaded, downloaded or displayed by you on or through the Service. You retain all patent, trademark and copyright to any content you upload, download or display on or through the service and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying content on or through Ikaria services, you grant Ikaria a worldwide, non-exclusive, royalty-free license to reproduce, adapt and publish such content on Ikaria services solely for the purpose of displaying, distributing and promoting the service or any other Ikaria services. This license terminates when such content is deleted from data networks. Ikaria reserves the right to syndicate content submitted, posted or displayed by you on or through the service and use that content in connection with other services offered by Ikaria. You hereby waive all rights to any claim against Ikaria for any alleged or actual infringements of any proprietary rights, rights of privacy or publicity, moral rights, and rights of attribution in connection with such Content.
You agree that all of Ikaria’s trademarks, trade names, service marks and other Ikaria logos and brand features, and product and service names are trademarks and the property of Elevated Ape LLC.
You understand that all information, data, text, messages, tags, or other materials including but not limited to uploaded files ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Ikaria, are entirely responsible for all Content that you upload, download, email, transmit or otherwise make available via Ikaria services. Ikaria does not control the Content available via Ikaria services, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using Ikaria services, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Ikaria be liable in any way for any content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content downloaded, transmitted or otherwise made available via Ikaria services. While Ikaria requires appropriate member conduct and Content in connection with use of the Ikaria Services, you understand and agree that you nonetheless may be exposed to inappropriate conduct and/or Content and that you use the Ikaria Services and the global data networks at your own risk.
You agree to not use Ikaria services to:
You acknowledge, consent and agree that Ikaria may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
Please be aware that some files may contain adult or mature content. Ikaria has no control over files content and unable to provide any content rating. You must be at least 18 years of age to subscribe to Ikaria Services. You acknowledge that Ikaria does not pre-screen, control, edit or endorse Content made available through the Ikaria Services and has no obligation to monitor the Content uploaded via the use of Ikaria services. Through our services, you will have access to and you may at some time or another become exposed to materials that you find offensive. Such materials include sexually explicit content, pro-religious and anti-religious debate, questionable political views, and hateful speech. Ikaria expressly disclaims liability for any harm resulting from encountering such material. Moreover, we cannot be and are not responsible for the contents of any of your communications made via the use of Ikaria services. If Ikaria discovers Content (as hereinafter defined) that does not appear to conform to the Terms of Service, Ikaria may investigate and determine in good faith and in its sole discretion whether to have the Content removed. Ikaria will have no liability or responsibility for performance or non-performance of such activities. You acknowledge that Ikaria has absolutely no control over the Content in global data networks.
You understand that Ikaria services and software embodied within Ikaria services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Ikaria and/or content providers who provide content to Ikaria services. You may not attempt to override or circumvent any of the usage rules embedded into the Ikaria Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Ikaria Services, in whole or in part, is strictly prohibited.
Ikaria may provide users with free and paid services. Payments can be made on a one-time or regular basis depending on tariffs, selected by the user.
You may cancel your membership at anytime, and cancellations will be effective immediately. You will lose any remaining downloads or access. We do not provide refunds or credits for any partial membership period.
Ikaria will begin billing your payment method for regular subscription fees corresponding to your subscription plan plus any applicable tax. To view the specific details of your subscription plan, log on at https://ikaria.co and click “Settings” and/or "Billing" once you are logged on to the Ikaria website. We will continue to bill your payment method on a regular basis for your membership plan until you cancel. You may cancel your membership at anytime. We offer a number of subscription plans. Our plans may include limits and various constraints on your account. We reserve the right to modify, terminate or otherwise amend our offered plans or to lift or add constraints under a particular plan. Unless otherwise stated differently, your “Billing Cycle” refers respectively to subscription that you chose upon registration.
By starting your Ikaria membership, you are expressly agreeing that we are authorized to charge you a membership fee for your Billing Cycle, any applicable tax and any other charges you may incur in connection with your use of Ikaria services to the payment method you provided during registration (or to a different payment method if you change your account information). As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your payment method, where applicable. The membership fee will be billed at the beginning of your membership and on each renewal thereafter unless and until you cancel your membership if regular subscription was chosen. For example, if you became a paying member on January 31st and you chose monthly payment, your payment method would next be billed on February 28th. We may also periodically authorize your card in anticipation of membership. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email or prominently at the Ikaria website. If you want to use a different Payment Method please contact Ikaria support by visiting http://ikaria.co and clicking on "Settings" and/or “Support”. If your Payment Method reaches its expiration date, your continued use of the service beyond that date constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts. Your Ikaria membership will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership at least one day before it renews in order to avoid billing of the next monthly, biannual or annual membership fees to your Payment Method. We will bill the next monthly, biannual or annual membership fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).
Trial period offers. You may have received a limited time of free service or some other trial period offer. Unless we notify you otherwise, if you are participating in any trial period offer, you must cancel the service by the end of the trial period to avoid incurring charges. If you do not cancel your service, and we have informed you that the service will automatically be converted into a paid subscription at the end of the trial period, then you authorize us to charge your payment method for the service.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of Ikaria services and transfer, posting and uploading of software, technology, and other technical data via the Ikaria Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via Ikaria services to parties identified on such lists; (b) agree not to use Ikaria services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via Ikaria services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full Ikaria Privacy Policy. You understand that through your use of Ikaria services you consent to the collection and use (as set forth in the applicable privacy policy) of certain information described in the privacy policy, including the transfer of this information to the United States and/or other countries for storage, processing and use by Ikaria and its affiliates.
As a condition of using the Service, you agree to the terms of the Ikaria Privacy Policy, as it may be changed from time to time. Ikaria will provide you notice of any significant changes by placing a link on the Ikaria home page and/or by email. You understand and agree that Ikaria may access, preserve, and disclose your personal information and the contents of your account in order to provide the Service or if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights, property and/or safety of Ikaria, its affiliates or the public. Personal information collected by Ikaria may be stored and processed in the United States or any other country in which Ikaria or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Ikaria through its suggestion or feedback webpages or email addresses, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Ikaria is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Ikaria shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Ikaria may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Ikaria without any obligation of Ikaria to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Ikaria under any circumstances.
You may terminate your Ikaria account and access to the Ikaria Services by submitting termination request to Ikaria support. Account termination will be completed after you will get notice about successful termination from Ikaria.
You agree that Ikaria may, without prior notice, immediately terminate, limit your access to or suspend your Ikaria account and access to Ikaria services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) a breach or a violation of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to Ikaria services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Ikaria Services. Ikaria’s payment policies and subscription information is located at https://ikaria.co. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Ikaria's sole discretion and that Ikaria shall not be liable to you or any third party for any termination of your account, any associated email address, or access to Ikaria services.
Termination of your Ikaria account includes any or all of the following: (a) removal of access to all or part of the offerings within Ikaria services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), (c) deletion of any Content or any part thereof posted by you, and (d) barring of further use of all or part of Ikaria services.
You agree to indemnify and hold Ikaria and its subsidiaries, affiliates, officers, agents, employees, partners, licensors and licensees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through Ikaria services, your use of the Ikaria Services, your connection to Ikaria services, your connection to the global network, your violation of the TOS, or your violation of any rights of another.
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Ikaria through its suggestion or feedback webpages or email addresses, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Ikaria is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Ikaria shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Ikaria may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Ikaria without any obligation of Ikaria to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Ikaria under any circumstances.
You expressly understand and agree that:
(a) your use of Ikaria services and software are at your sole risk. Ikaria services and software are provided on an "as is" and "as available" basis. Ikaria and its subsidiaries, affiliates, officers, employees, agents, partners, licensors and licensees expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
(b) Ikaria and its subsidiaries, affiliates, officers, employees, agents, partners, licensors and licensees make no warranty that (i) Ikaria services or software will meet your requirements; (ii) Ikaria services or software will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of Ikaria services or software will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the Ikaria services or software will meet your expectations; (v) that you find the interface developed by the software to be user friendly and (v) any errors in the software will be corrected.
(c) any material downloaded or otherwise obtained through the use of Ikaria services or software is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss of data that results from the download of any such material.
(d) no advice or information, whether oral or written, obtained by you from Ikaria or through or from Ikaria services or software shall create any warranty not expressly stated in the tos.
You expressly understand and agree that Ikaria and its subsidiaries, affiliates, officers, employees, agents, partners, licensors and licensees shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Ikaria has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use Ikaria services; (b) the cost of procurement of substitute goods and services; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on Ikaria services; or (e) any other matter relating to Ikaria services.
Unless explicitly stated otherwise, any new features augmenting or enhancing the current Ikaria Services, including the release of new Ikaria properties, shall be subject to these TOS. You understand and agree that Ikaria services are provided "AS-IS" and that Ikaria assumes no responsibility for the timeliness, deletion, mis-delivery or failure to post or store any user communications or personalization settings. You further understand that Ikaria Services may be interrupted and Ikaria and the entities providing hosted servers shall not be liable for interruptions. You are responsible for obtaining access to the Ikaria website and the Ikaria Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with your subscription to Ikaria services as hereinafter described. In addition, you must provide and are responsible for all equipment necessary to access Ikaria services. You understand that the technical processing and transmission of Ikaria services, including your postings or content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 19 and 20 may not apply to you.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
Ikaria may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on Ikaria services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Ikaria Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed Ikaria services in an authorized manner.
Entire Agreement. The TOS constitutes the entire agreement between you and Ikaria and governs your use of Ikaria services, superseding any prior version of this TOS between you and Ikaria with respect to Ikaria services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Ikaria Services, affiliate services, third-party content or third-party software.
You and Ikaria each agree that the TOS and the relationship between the parties shall be governed by the laws of the jurisdiction of Ikaria management location without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Ikaria, shall be brought exclusively in the courts located in Ikaria management location. You and Ikaria agree to submit to the personal jurisdiction of the courts mentioned above, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of Ikaria to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Ikaria account is non-transferable and any rights to your Ikaria ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of Ikaria services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to us at support[at]ikaria.co
©2020 Ikaria
©2020 Ikaria