These Terms of Service is based on Automattic Terms of Service that are available under a Creative Commons Sharealike License and then adapted to Hermenaria website needs and practices.

The Gist

Hermenaria website creates content and products to help interact, explore analogies, create multidimensional visual stories and information structures and explore a creativeness process.

These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. 

If you don’t agree to these Terms, don’t use our services.

If you are a user in countries located in the European Economic Area, Switzerland, or the United Kingdom (“European User”), some special terms apply to you as mentioned below.

Terms of Service

These Terms govern your access to and use of the products and services we provide through Hermenaria website (such products and services, collectively, “Services”).

Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services as stated in the Terms, and the Agreement will apply to any changes.

1. Who’s Who

“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.

We refer to Hermenaria website, collectively as “Hermenaria website” “us,” or “we” throughout these Terms.

2. Your Account

Hermenaria website is a WordPress.com hosted website. A WordPress.com account may be required to access to some functions such as, for example, some payments as subscriptions and paid content, or to comments functions. If you do not have an account yet, you will be prompted to create one by WordPress.com. During the checkout process, you will be prompted to enter your email address, and if you already have a WordPress.com account associated with that email address, the purchase will be associated with that account. If you do not have an account, one will be created for you as part of the checkout process by WordPress.com.

If you create a WordPress.com account, it will be a separate account from Hermenaria website and will be managed by WordPress.com. You do not create an account on Hermenaria website, this will be your own WordPress.com account and you will refer to WordPress.com Privacy Policy and Terms of Use.

When you make a purchase through a WordPress.com account, Hermenaria website will be provided with some information regarding the purchase. If you make a purchase through your WordPress.com account, we can see the WordPress.com username, and email address as well as a product, subscription or donation you purchased and its amount.

You’re solely responsible and liable for all activity under your Worpdpress.com account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions.

If you’d like to learn about how we handle the data you provide us, please see our Privacy Policy.

3. Minimum Age Requirements

Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in Europe). If you use our Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.

4. Responsibility of Visitors and Users

We haven’t reviewed, and can’t review, all of the content (like comments, text, photo, video, audio, and other materials) posted to or made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites. So, for example:

•             We don’t have any control over third-party websites.

•             A link to or from one of our Services does not represent or imply that we endorse any third-party website.

•             We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.

•             We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.

5. Fees, Payment, and Renewal

Fees for Paid Services. Some of our Services are offered for a fee, like paid content, newsletter or download files (collectively, “Paid Services”). This section applies to any purchases of Paid Services.

By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be different kinds of fees, like some that are one-time or recurring. For recurring fees (AKA subscriptions), your subscription begins on your purchase date, and will be billed or charged you in the automatically-renewing interval (such as monthly, annually, or biennially) you select, on a pre-pay basis until you cancel, which you can do at any time in your WordPress.com account or by contacting us.

Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You’re responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment from you.

Payment on Hermenaria website. For payments, you can make purchases directly on Hermenaria website or using your WordPress.com account. Hermenaria website does not collect any payment information when using third-party services payment processor like Stripe or PayPal to collect payments. These payment processors handle the payment transactions and Hermenaria website only facilitates the processing and management of services and products like the subscriptions, paid content, digital download products or donations. The payment information is stored by the payment processor to enable the renewal of charges and allow you to make other purchases by using your WordPress.com account or directly on Hermenaria website.

If your payment fails, we suspect fraud, or Paid Services are otherwise not paid for or paid for on time, we may immediately cancel or revoke your access to Paid Services without notice to you.

Automatic Renewal. By enrolling in a subscription, you authorize us to automatically charge the then-applicable fees and Taxes for each subsequent subscription period until the subscription is canceled. If you received a discount, used a coupon code, or subscribed during a free trial or promotion, your subscription will automatically renew for the full price of the subscription at the end of the discount period. This means that unless you cancel a subscription, it’ll automatically renew and we’ll charge your payment method(s).

Any recurring payments you make to us are automatically renewed. This means that unless you or us, cancel your subscription before the end of the subscription period, it’ll automatically renew and your payment method will be charged. For example, if you select an annually renewing website subscription, you’ll be automatically charged once each year until the subscription is canceled.

The date for the automatic renewal is based on the date of the original purchase and cannot be changed. If you’ve purchased access to multiple services, you may have multiple renewal dates.

You can view your renewal date(s), cancel, or manage subscriptions in your WordPress.com account settings or by contacting us.

Fees and Changes. We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you must cancel your Paid Service.

Refunds. We may have a refund policy for some of our Paid Services, and we’ll also provide refunds if required by law. In all other cases, there are no refunds and all payments are final.

We may have a “no-show policy” for some Paid Services that require your participation. This means that if you don’t show up for, don’t participate in, or are late for a scheduled session, you’ll still be charged for the Paid Service and won’t be entitled to a refund.

European Users:

You have the right to withdraw from the transaction within fourteen (14) days from the date of the purchase without giving any reason as long as your purchase was not of downloadable content or of a customized nature, and (i) the service has not been fully performed, or (ii) subject to other limitations as permitted by law. For digital content, you agree that any purchase of digital content will be made available to you immediately and as a result you waive any right of withdrawal to such content.

If you cancel this contract, we will reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; you will not be charged for this repayment. If we have already begun our services during the withdrawal period, you will pay us a prorated amount corresponding to the services already provided up to the time you notify us of the exercise of the withdrawal right compared to the total scope of the services provided for in the contract. If you cancel your contract with us, you will refrain from using the digital content or digital services or making them available to third parties.

You may exercise your right to withdrawal by sending a clear, written request to: support@hermenaria.com.

6. Feedback

We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we’re free to use them without any restriction or compensation to you.

7. General Representation and Warranty

Our mission is to make digital, visual and fictional worlds and information structure more relevant, elegant and useful, and our Services are designed to give you a way to manage your creation. We encourage you to use them and express yourself freely, subject to a few requirements. In particular, you represent and warrant that your use of our Services:

    Will be in strict accordance with the Agreement;

    Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, licensing, privacy, data protection, the transmission of technical data exported from the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);

    Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;

    Will not infringe or misappropriate the intellectual property rights of Hermenaria website or any third party;

    Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;

    Will not disclose the personal information of others;

    Will not be used to send spam or bulk unsolicited messages;

    Will not interfere with, disrupt, or attack any service or network;

    Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;

    Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and

    Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.

8. Specific Service Terms

Hermenaria Website and Accounts

Hermenaria website enables you to read and follow content about digital spaces, visual worlds, information structure analogies as well as about its creation and research process, and we would love for you to use it.  Hermenaria’s website basic service is free, and we offer paid content or/and paid plans and products that add advanced features like an extra content or download files.

License. By uploading or sharing your Content, like comments, you grant us a worldwide, royalty-free, transferable, sub-licensable, and non-exclusive license to use, reproduce, modify, distribute, adapt, publicly display, and publish the Content solely for the purpose of providing and improving our products and Services and promoting our website. This license also allows us to make any publicly-posted Content available to select third parties so that these third parties can analyze and distribute (but not publicly display) the Content through their services.

Removing Content. If you delete Content like comments, we’ll use reasonable efforts to remove it from public view on Hermenaria.com, but you acknowledge that cached versions of the Content or references to the Content may not be immediately unavailable.

Web Traffic. We may use a third-party service to measure Hermenaria’ website audience and usage.

Prohibited Uses. Your Content and conduct must not violate the Hermenaria User Guidelines. These guidelines provide information on a few categories of content and behavior that we don’t permit because we consider them harmful to the community.

Compatibility, access, updates, and support. When you purchase Paid Services from Hermenaria website, you’ll receive access to any necessary paid content and downloads along with updates and support for those Paid Services for a period that you paid, starting on the date of your purchase. Please note that as mentioned in Your Account section of the current Terms of Services, for some Services like subscriptions, a WordPress.com account may be required. If you do not have an account yet, you will be prompted to create one by WordPress.com. Please refer to Your Account section of the current Terms of Services for more information.

9. Copyright Policy

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please send us a notice.

10. Intellectual Property

The Agreement does not transfer any Hermenaria website or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Hermenaria website and you) solely with Hermenaria website. Hermenaria, and all other trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of Hermenaria website. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any Hermenaria website or third-party trademarks.

11. Third-Party Services

While using the Services, you may enable, use, or purchase services and products, provided or manufactured by a third party or yourself (“Third-Party Services”). Certain Third-Party Services will indicate that they are sold or licensed by Hermenaria webiste with support provided by Hermenaria website.

If you use any Third-Party Services, you understand and agree that:

    Third-Party Services aren’t vetted, endorsed, or controlled by Hermenaria website.

    Unless we have indicated that Hermenaria website is providing support for it, any use of a Third-Party Service is at your own risk, and we won’t be responsible or liable to you or anyone else for Third-Party Services.

    Even if you purchase a third-party product or service through a website we operate, any services related to product or service are subject to and governed by the terms and policies of the third party (“Third Party”).

    Some Third-Party Services may request or require access to your data — through things like pixels or cookies. If you use the Third-Party Service or grant them access, the data will be handled in accordance with the Third Party’s privacy policy and practices, which you should carefully review before you use any Third-Party Services. Third-Party Services may not work appropriately with our Services and we may not be able to provide support for issues caused by any Third-Party Services.

    If you have questions or concerns about how a Third-Party Service operates or need support, contact the Third Party directly unless it is indicated that Hermenaria website provides support for it.

12. Changes

We may modify the Terms from time to time, for example, to reflect changes to our Services (e.g., adding new features or benefits to our Services or retiring certain features of certain Services) or for legal, regulatory, or security reasons. If we do this, we’ll provide notice of the changes, such as by posting the amended Terms and updating the “Last Updated” date or, if the changes, in our sole discretion, are material, we may notify you through our Services or other communications. Any changes will apply on a going-forward basis, and, unless we say otherwise, the amended Terms will be effective immediately. By continuing to use our Services after we’ve notified you, you agree to be bound by the new Terms. You have the right to object to any changes at any time by ceasing your use of our Services and canceling any subscription you have.

13. Termination

We may terminate your access to all or any part of our Services at any time, with or without cause or notice, effective immediately, including if we believe, in our sole discretion, that you have violated this Agreement, any service guidelines, or other applicable terms. We will have no obligation to provide a refund of any fees previously paid.

You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.

14. Disclaimers

Our Services are provided “as is.” Hermenaria website and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, to the maximum extent allowed by applicable law, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Hermenaria website, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted.  You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

15. Owner of the website

Individual Entrepreneur Yana Datsko, SIRET N° 94935313000014, France

16. Jurisdiction and Applicable Law

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of France. Nothing in this Agreement affects your rights as a consumer to rely on mandatory provisions in your country of residence.

17. Limitation of Liability

In no event will Hermenaria website, or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through our Services) with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Hermenaria website under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Hermenaria website shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

European Users: If we cause damage to you and you are a consumer in Europe, we limit our liability to the maximum amount permissible in your country of residence. Liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Hermenaria website isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence, liability caused by our willful misconduct or gross negligence, or our responsibility for something we have specifically promised to you. You and we agree that we and our affiliates’ total liability is limited to the greater of $50 or the amount paid by you to use our Services during the 12 months preceding the claim; To the extent that our liability is limited or excluded, the limitations or exclusions will also apply to the personal liability of our employees, legal representatives, and vicarious agents.

18. Indemnification

You agree to indemnify and hold harmless Hermenaria website, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services or applicable law, Content that you post through Hermenaria website.

19. Translation

These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.

20. Miscellaneous

The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Hermenaria website and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Hermenaria website may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.