edioma is a mobile marketing and solutions company. We develop mobile content for wireless subscribers, content delivery platforms through which we deliver, track and report on use of our mobile content, and mobile marketing campaigns that enable our partners to advertise via our website, WAP sites, SMS, and other forms of media.

By using this Website and / or purchasing, registering for or otherwise receiving products and services from edioma via this Website or via other means (the "edioma Services"), you agree to adhere to the following Terms of Use. If you do not agree to adhere to these Terms of Use you may not use the edioma Services.

Content and Advertising provided by edioma

The information displayed as text message search results or text message alerts, generally will include some form of advertising. Our advertisers are essentially subsidizing the content you receive in your text message alert. If you don't want to receive advertising, you should not sign up to receive our text message alerts or send any text messages to our short codes.

The edioma Services represent the commercially reasonable efforts of edioma. A search using edioma Services may produce search results that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a edioma search will not locate unintended or objectionable content and assume no responsibility for the content included in any search results by the edioma Services.

edioma Services are delivered via short code 70734. edioma text message alerts are sent at the frequency you request. edioma Services are compatible with the carriers listed in our. Text STOP (ALTO) to 70734 to end services. Text HELP (AYUDA) to 70734 for help instructions. You may contact edioma at support@edioma.com.

Content and Advertising provided by Partners

Personal Use Only
The edioma Services are made available for your personal, non-commercial use only. You may not use the edioma Services to sell a product or service, or to increase traffic to your business for commercial reasons, such as advertising sales. You may not take the results from a edioma search and reformat and display them, or mirror the edioma home page or results pages on your Web site. If you want to make commercial use of the edioma Services, you must enter into an agreement with edioma to do so in advance. Please contact us for more information.

No Automated Querying
You may not send automated queries of any sort to edioma's system without express permission in advance from edioma.

You are not allowed to copy, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of, or modify the edioma Services in any manner.

Changes In Terms of Use and the edioma Services
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Use from time to time without notice. Please review these Terms of Use from time to time so that you will be apprised of any changes.

Trademarks, Names and Logos
All trademarks, names and logos used on this Website or delivered via edioma Services are owned by edioma (unless otherwise stated). Your use of edioma Services does not allow you to infringe those rights or the rights of the third parties which may exist in material contained in this Website. No license is expressly or implicitly granted within or as a result of your use of edioma Services or this Website. The edioma trademarks, names and logo may not be used or displayed without edioma's prior permission.

Charges
The edioma Service is delivered without charge from edioma. Your mobile phone carrier may charge you for usage. Standard text message charges will appear on your wireless bill, or will be deducted from your prepaid balance. The customer is liable for any mobile phone charges incurred (usage, subscription, etc) as a result of using any of edioma services. Please consult your mobile service carrier's pricing plan to determine the charges for sending and receiving text messages.

User Submissions
We welcome your comments and suggestions regarding the web site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent by you to edioma shall be and remain the exclusive property of edioma. Your submission of any such Comments shall constitute an assignment to edioma of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments. edioma will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You agree not to submit any Comments that may be submitted in violation of law or any agreement or obligation to keep the content of such Comments confidential. edioma expressly disclaims any interest in any Comments that you are not authorized to submit. Of course, any information you submit which personally identifies you will be subject to our Privacy Policy, which is located at http://www.edioma.com/privacypolicy.php.

User Conduct
The edioma Services may offer you the ability to upload or otherwise provide your own Content (defined below). You understand that all information, text, photographs, graphics, messages or other materials ("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 edioma, are entirely responsible for all Content that you transmit or otherwise make available via the edioma Services. edioma does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

You understand that by using the edioma Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will edioma 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 posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the edioma Services to:

• Upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
  
  
• Harm minors in any way.
  
  
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
  
  
• Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
  
  
• "Stalk" or otherwise harass another.
  
  

Disclaimer of Warranties
edioma disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the edioma Services. edioma disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. edioma disclaims any responsibility for any harm resulting from information or material through the edioma Services.

THE edioma SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE edioma SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. edioma AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. edioma AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE edioma SERVICES. edioma AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE edioma SERVICES. edioma AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE edioma SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED BY THE edioma SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE edioma SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE edioma SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR TO YOUR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

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.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL edioma OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE edioma SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF edioma OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE edioma SERVICES, FROM INABILITY TO USE THE edioma SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE edioma SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE edioma SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE edioma SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE edioma SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE edioma SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE edioma SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE edioma SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

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.

Without limiting the foregoing, under no circumstances shall edioma or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Miscellaneous Provisions
These Terms of Use will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect.

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by edioma.