In this document, the expressions “we”, “us”, “our” and "Doarama” and "Ayvri" are a reference to Ayvri PTY LTD (ABN 53 620 853 296).
In using this website, you agree to be bound by:
You must become a registered content provider in order to provide us with GPS track files or other Content. You must also register for an API key if you wish to use the API.
We reserve the right in our sole discretion to pre-screen, refuse or remove any Content for any reason and without notice to you.
Ayvri may allow you to access third party content distribution or social networking services, so that you can gain access to content. For example, you may be able to access YOUTUBE or INSTAGRAM. If you access another service through Ayvri, your access to and use of the third party service will be subject to its terms of service. To the extent of any inconsistency, the terms of service of the third party service will prevail over these Terms of Service with respect to your access to and use of it through Ayvri. You acknowledge and agree that third party services are not under our control, and that it is solely your responsibility to ensure that your access to and use of any third party service complies with its terms of service. We are not responsible for any loss arising from your use of any third party service, such as any termination of your account on a third party social network due to your failure to comply with its terms. You acknowledge that our Software facilitates your access to certain third party services as a convenience only. We are not affiliated with, and facilitating such access does not constitute an endorsement of, any such third party social network, or a representation that use of the Ayvri in conjunction with a third party service will comply with its terms of service. If you are using content sourced from INSTAGRAM or YOUTUBE or another third party service, you must comply with any requirements or restrictions imposed on usage of that content by the respective owners of the intellectual property rights in that content. Remember, unless you created the content and know that you are the copyright owner, you may not have the right to redistribute that content. Although Ayvri can be used to access content from INSTAGRAM or YOUTUBE, this does not override content owners' requirements and restrictions, which may include "all rights reserved" notices, Creative Commons licenses or other terms and conditions that may impose restrictions upon your ability to copy and redistribute the content. In ALL cases, you are solely responsible for making use of the content in compliance with owners' requirements or restrictions.
We do not accept responsibility for any loss damage, however caused (including through negligence or unavailability or performance of this website or the API), which you may directly or indirectly suffer in connection with your use of this website (including any Content), the API, or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website or the API. The appearance of Content on this website for any duration does not constitute an approval, adoption, promotion, ratification or endorsement by us. To the maximum extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.
You must ensure that your access to this website and the API is not illegal or prohibited by laws which apply to you. You must take your own precautions to ensure that the processes which you employ for accessing this website and the API do not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your accessing of this website, the API, or any linked website. You also acknowledge that the API may not be error-free or suitable for commercial use.
Access to this website and the API may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
We may occasionally send you email notifications on topics such as new features, interesting visualizations to watch etc. Your registration to use Ayvri acts as your express consent to receive our email notifications. Nevertheless, when and if you receive an email from us you will always be given the opportunity to opt out of receiving future communications, because we do not want to spam you.
These terms and conditions are governed by the laws in force in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.