Ayvri Terms Of Use

This document was last updated in Sept 19, 2021.

In this document, the expressions “we”, “us”, “our” and "Doarama” and "Ayvri" are a reference to Ayvri PTY LTD (ABN 53 620 853 296).

These terms of use (“Terms of Use”) apply to the use of this website (https://ayvri.com), including to the provision of content such as GPS track files, avatars, photographs, music or video ("Content") for publication as part of our database and any use by you of our API for visualizations.

In using this website, you agree to be bound by:

Microsoft’s Bing Maps End User Terms of Use located here and/or at such other locations as Microsoft may specify from time to time; and the terms and conditions set out in this document. If you do not accept these Terms of Use, you must refrain from using the website and the API.

Amendments

The Terms of Use and all information on this website are subject to change. Amendments to the terms and conditions in this document will be effective immediately upon notification on this website. Your continued use of the website or API following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

Registration

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.

To register, complete your registration details in the manner described on this website. Registration is free but non-transferable. We reserve the right to suspend or terminate your registrations at any time if you breach the Terms of Use.

By registering, you acknowledge that you have read, understood and accept the Terms of Use. You may terminate a registered account at any time by contacting us at hello@ayvri.com

General Obligations

You must not engage in unlawful activities. You must comply with these Terms of Service. You must be at least 16 years old. You must not misrepresent your identity or pretend to be anyone else. You may not share your account with others. You must not use or access anyone else’s account. You must cease using Ayvri if we terminate any one of your accounts. You are responsible for maintaining the confidentiality of your password and any API key. Obligations of Content providers With the exception of any material which we license to you, we do not claim ownership of the Content which you make available to us. However, by providing us with GPS track files or other Content you accept and agree that: you are solely responsible for the Content created, submitted, posted and displayed by you and the possible consequences thereof. you will ensure that the Content is up to date, accurate and not misleading. you warrant that the Content does not contain any sexually explicit material; does not infringe copyright or other intellectual property rights (including moral rights) of any person; does not infringe the confidentiality or privacy rights of any person; does not discriminate against any person; does not expose any person to viruses, malicious computer code or other forms of interference that may damage a computer system; and is not defamatory, fraudulent, or otherwise prohibited by laws which apply to you or to us. you hereby grant to us a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, display, distribute and otherwise use the Content, including for the purposes of promoting this website (including through our Facebook, Twitter and Google+ accounts) and our services, and sublicensing or otherwise making the Content available to any other companies, organizations and individuals with whom we cooperate in providing this website or our services or in developing and providing other services; you warrant that you have procured on behalf of yourself and on behalf of us all necessary licences, clearances, consents, permissions and releases in writing in respect of any copyright material and personal identifying information included in the Content, and otherwise have all necessary rights, power and authority to grant the abovementioned license; you warrant that all GPS track files and other Content have been created solely by you, or you have been given all necessary rights, power and authority to grant the above mentioned license and to otherwise comply with these Terms of Use.

Removal of Content

We reserve the right in our sole discretion to pre-screen, refuse or remove any Content for any reason and without notice to you.

Access to third party social networks

Ayvri may allow you to access third party content distribution or social networking services, so that you can gain access to content. 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. In ALL cases, you are solely responsible for making use of the content in compliance with owners' requirementsor restrictions.

Additional obligations when using our API

By using our API, you also accept and agree to the following: Use of API Key. API keys are non-transferrable. Keys must be kept secure and may not be shared. Display of visualizations. Visualizations are displayed in an IFrame. You must display IFrames in their entirety and without modification. For example, you may not change or obscure any logo, trade mark, copyright notice or other notice, or hinder the use of any links or buttons embedded in the IFrame.

Disclaimer

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.

Specific warnings

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.

Indemnity

You release and indemnify us, our servants and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a breach by you of these Terms of Use or arising as a result of your negligent or wilful misconduct in connection with the provision of content pursuant to the Terms of Use. Our links with linked websites and our facilitation of access to third party services should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites or services, or of any information, graphics, materials, products or services referred to or contained on those linked websites and services, unless and to the extent stipulated to the contrary. In respect of any claim between the parties under or in connection with this agreement, the parties agree that to the maximum extent permitted by law, the operations of Part 4 of the Civil Liability Act 2002 (NSW) and of any laws having a similar effect in the Commonwealth and other States and Territories of Australia are excluded and have no application or effect insofar as any of them would apportion liability to us which would not have been so apportioned but for such laws.

Termination of access

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.

Account Termination

You may terminate your account by sending a request to delete your account to hello@ayvri.com. The email must be sent from the email address associated with the account requesting deletion.

Privacy

These terms and conditions are to be read in conjunction with our Privacy Policy. We may collect personal information such as your name, email address and login id as part of your account registration or otherwise through your use of the API or this website. Information such as your name and avatar may be included in visualisations which are publicly viewable. Our website and API make use of third party supplied content and services like Microsoft Bing Maps for visualizations, and third party services from time to time. Those third parties may collect information such as, but not limited to, your IP address, requests, time of submissions and the results returned to you, in connection with transaction requests to them. All access to and use of our website, our API and third party APIs is subject to the data practices of the relevant third party. A current copy of the Microsoft Online Privacy Statement is available at http://go.microsoft.com/fwlink/?LinkID=248686.

Governing law

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.

General

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.