TERMS OF SERVICE IONICA, CORP LAST UPDATED, FEB. 8, 2022

ACCEPTANCE OF TERMS

The services that IONICA, Corp (“IONICA”) provides to people or corporations (collectively or independently “User”) are subject to the following Terms of Service (“TOS” or “Agreement”). IONICA reserves the right to update the TOS at any time without notice to User. The most current version of the TOS can be reviewed by clicking on the “Terms of Service” hypertext link located at the bottom of our web page, mobile application or additional software and platforms from IONICA.

By using our web page aloharmony.com (the “Site”), mobile application (the “App”), our social media (the “Social Media”) or additional software and platforms from IONICA (the “Platforms”) (all collectively called “IONICA” or “Services”), User agrees to comply with all the terms and conditions in this Agreement. The right to use IONICA is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s account (under any screen name or password) and for ensuring that all use of User’s account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.

IONICA shall have the right at any time to change or discontinue any aspect or feature of IONICA, including, but not limited to, content, hours of availability, and equipment needed for access or use.

Please refer to our privacy policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the services is subject to our privacy policy.

CHANGED TERMS

IONICA shall have the right at any time to change or modify the terms and conditions applicable to User’s use of IONICA, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, implementing changes in IONICA, posting on IONICA, or by electronic mail, or by any other means by which User obtains notice thereof. Any use of IONICA by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications, or additions.

DESCRIPTION OF SERVICES

To make these TOS easier to read, the Site, the App, the Platforms, or any other service offered or rendered by IONICA are collectively called the “IONICA”. Aloha includes any updates, enhancements, new features, and/or the addition of any new properties, which must be deemed subject to the TOS.

ARBITRATION NOTICE

Unless you opt out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified in the “Arbitration” section below, and except for certain types of disputes described in the “Arbitration“ section below, you agree that disputes between you and IONICA will be resolved by binding, individual arbitration and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

EQUIPMENT

User shall be responsible for obtaining and maintaining all cellphone, computer hardware, software and other equipment needed for access to and use of IONICA and all charges related thereto.

USER CONDUCT

User shall use IONICA for lawful purposes only. User shall not post or transmit through IONICA any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without IONICA express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in IONICA discretion restricts or inhibits any other User from using or enjoying Aloha will not be permitted. User shall not use Aloha to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of other users to become subscribers of other on-line information services competitive with IONICA.

IONICA contains copyrighted material, trademarks and other proprietary information, including, but not limited to, sound tracks -with or without voice-, text, software, photos, video, graphics, music and sound, and the entire contents of Aloha are copyrighted as a collective work under the United States copyright laws. IONICA owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only as per functionalities of IONICA permits. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of IONICA and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

User shall not upload, post or otherwise make available on IONICA any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of IONICA, User automatically grants, or warrants that the owner of such material has expressly granted IONICA the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other user to access, view, store or reproduce the material for that user’s personal use.

The foregoing provisions of this Section are for the benefit of IONICA, its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

USE OF IONICA

IONICA may contain email services, bulletin board services, Social Media and chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not: Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User owns or controls the rights thereto or have received all necessary consent to do the same.

Use any material or information, including images or photographs, which are made available through IONICA in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.

Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.

Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including email addresses.

Violate any applicable laws or regulations.

Create a false identity for the purpose of misleading others.

Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

IONICA has no obligation to monitor the Communication Services. However, IONICA reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. IONICA reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. IONICA reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in IONICA sole discretion. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials. Always use caution when giving out any personally identifiable information in any Communication Services. IONICA does not control or endorse the content, messages or information found in any Communication Services and, therefore, IONICA specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

You may use IONICA only if you are 13 years or older and are not barred from using IONICA under applicable law. To make a purchase, you must be 18 years or older and capable of forming a binding contract. If IONICA requires User to open an account, User must complete the registration process by providing IONICA with current, complete and accurate information as prompted by the applicable registration form. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify IONICA immediately of any unauthorized use of User’s account or any other breach of security. IONICA will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by IONICA or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time.

Feedback

We welcome feedback, comments and suggestions for improvements to Aloha (“Feedback”). You can submit Feedback by accessing the following feedback link. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicenseable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration form and a separate form for Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you and IONICA otherwise agree, the arbitration will be conducted in the Miami-Dade County. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and IONICA submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

Fees

User responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. Be mindful that if arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), User will be liable.

OTHER RIGHTS

Any rights not expressly granted herein are reserved.

CONTACT INFORMATION

If you have any questions about these TOS or IONICA, please contact Ionica at info@ionica.world.