The Avenir Services
In your use of the Avenir Services and the Avenir App you agree to not to:
1.1 Incorporate any word in your name, message identification, or custom user title that is defamatory, obscene or profane, or which violates any trademark, service mark, or other intellectual property rights of any third party, including that of Avenir. You likewise agree not to use any trademark, trade name, service mark, or logo in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logo;
1.2. Alter, modify, or cause the alteration or modification, of the Avenir Services, without prior written consent from Avenir. You further agree not to use the Avenir Services for any commercial use, without prior written authority from Avenir;
1.3. Use any “deep-link”, “page-scrape”, “robot”, “spider” or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any part of the Avenir Services, or in any way reproduce or circumvent its navigational structure or presentation, as well as to obtain or attempt to obtain any material, document or information through any means not purposely made available through the Avenir Services;
1.4. Gain or attempt to gain unauthorized access to any part or feature of the Avenir Services or the Avenir App or to any other system or network connected to the Services. You also agree not to gather, harvest, or otherwise collect information about others using the Avenir Services without their explicit informed consent; nor restrict, prevent or prohibit any other party from using the Avenir Services, including but not limited to such actions which may tend to discourage others from using the Avenir Services, such as stalking, flaming or the lashing out at other parties, spamming or the sending of unsolicited information, advertisement or content, flooding or the sending of repetitive message, trolling or the use of insulting or deliberately divisive information, material or content, other forms of annoyances, and the like;
1.5. Circumvent, disable, or otherwise interfere with security-related features of the Avenir Services, including those that prevent or restrict use or copying of any content, material or information available on or through the Avenir Services, as well as those that enforce limitations on the use of the Avenir Services;
1.6. Probe, scan or test the vulnerability of the Avenir Services or any network connected to it, and not to breach the security or authentication measures on the same. You agree not to reverse look-up, trace or seek to trace any information on any user of or visitor to the Avenir Services, or any other customer of Avenir including any account maintained with the Avenir Services not owned by you, to its source, or exploit the Avenir Services or any information made available or offered by or through the Avenir Services, in any way where the purpose is to reveal any information, including but not limited to personal identification, other than your own information;
1.7. Use or access the Avenir Services for your information and personal use other than as intended through the provided functionality of the Services. Further, you agree not to copy or download any material or content from or through the Avenir Services unless such copying or downloading is explicitly allowed by a visible manifestation thereof such as a “download” button or a similar link ostensibly displayed. You further agree not to engage or attempt to engage in the use, copying, transmission, broadcast, display, distribution or sale of any of the contents, material or information available on or through the Avenir Services, including user comments and the like, other than as expressly permitted herein, or as explicitly indicated in the Avenir Services, including use thereof for commercial purposes;
1.8. Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Avenir Services or its systems or networks, or any systems or networks connected to the Avenir Services;
1.9. Use any device or routine to interfere or attempt to interfere with the proper working of the Avenir Services or any transaction being conducted using the Avenir Services, or with any other person’s use of the Avenir Services. You agree that you will not engage in any activity that interferes with or disrupts the Avenir Services or the servers and networks which are connected to the Avenir Services; and
1.10. Use the Avenir Services for any purpose that is illegal, unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity that infringes on the rights of Avenir or others. You further agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any content, material or information, either in whole or in part, available on or through the Services, unless you have been specifically permitted to do so by Avenir or by the owner of that content, material or information in a separate agreement.
2. Avenir User Content
2.1. To undertake the sole responsibility and hold Avenir free of liability to you or to any third party, for any that you create, upload, transmit, or display (“User Content”) while using the Services. You agree and hereby undertake sole responsibility for the consequences of your actions and interactions using the Avenir Services, and hereby stipulate admission of liability to Avenir for whatever loss or damage Avenir may suffer as a consequence of your use or misuse of the Avenir Services;
2.2. Not to share, create, upload, transmit or display using the Avenir Services any material, information, or User Content which is or may be covered by copyright, patent, trade secret, trademark, trade name, service mark or any property rights, including privacy and/or publicity rights, unless you have the necessary licenses, rights, consents, and permissions to use and to authorize Avenir to use any and/or all User Content that you create, upload, transmit, or display using the Avenir Services;
2.3. Not to use a fictitious name and concealing your true name for the purpose of concealing crime, evading the execution of a judgment or causing damage;
2.4. Not to share, create, upload, transmit or display, while using the Avenir Services any material, information, or User Content which: infringes on the intellectual property, privacy, and/or publicity rights of any third party; is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, indecent, pornographic, profane, threatening, racist, gruesome, offensive to public morals, invasive of another’s privacy, or otherwise violative of any rule, regulation, or law; or any content that contains any viruses, Trojan horses, worms, time bombs, bots, ransomware, any malware, or any computer program, code, or routine that may or is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and/or that which promotes or abets piracy.
2.5 Where relevant, to store your password on the device and our servers in an encrypted form. This form of encryption disguises your password on the server, but still allows us to authenticate you when you sign into the Avenir Services.
You representations and warranties:
2.6 You understand and acknowledge that you do not have the right to upload any content on the Avenir App other than inputting the details required for registration. However, in the event that you do upload any content, you represent and warrant that you own or that you have the necessary licenses, rights, consents, and permissions to use and to authorize Avenir to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, or transmit over public networks and in various media any and/or all User Content that you create, upload, transmit, or display using the Avenir Services, as you hereby authorize and grant Avenir perpetual, irrevocable, worldwide, royalty-free and non-exclusive right, license, consent and permission to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, or transmit over public networks and in various media any and/or all User Content which you may create, upload, transmit, or display using the Avenir Services, in a manner Avenir may deem fit and necessary, including but not limited to making such User Content available to a third party in compliance with a requirement of law, a rule or regulation, or making such User Content available to any third party, including Avenir affiliates and subsidiaries, for its use, reproduction, adaptation, modification, translation, publication, public performance, public display, distribution or transmission. You agree to hold Avenir free from any liability, both under equity and the law, arising or that may arise out of its use of your User Content or the use of your User Content by a third party to which Avenir made available your User Content.
3. Third Party Content & Services
3.1 You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the application and the services or in any Third-Party Services.
3.2 Avenir makes no representation or warranties whatsoever about any service, content and / or any other resources provided by the Third Party.
4. Reserved Rights
We reserve, at our sole discretion but without obligation, the right to:
4.1 Deny access to and / or discontinue the Avenir Services or any component thereof to anyone at any time, temporarily or permanently, without giving any reason and/or prior notice to you. You hereby irrevocably agree, affirm and warrant to hold Avenir free from any liability, both under equity and the law, arising or that may arise out of any such denial of access to or the discontinuance of the Avenir Services;
4.2. Collect, screen, review, flag, filter, modify, block, refuse or remove any and/or all information provided by you, or any other user, explicitly or implicitly to and through the Avenir Services or the Avenir App, including but not limited to hardware information, IP address, browser-type related information, cookies and the like. You hereby irrevocably agree, affirm and warrant to hold Avenir free from any liability, both under equity and the law, arising or that may arise out of any such collection, screening, review, flagging, filtering, modification, blocking, refusal or removal of any and/or all information provided by any user to and through the Avenir Services or the Avenir App;
4.3 Enhance, improve, develop and introduce new features and functionalities to the Avenir Services or the Avenir App at any time and without prior notice. You hereby understand, agree, and affirm that any such enhancement, improvement, development, new feature and/or new functionality to the Avenir Services or the Avenir App shall form part of the Avenir Services or the Avenir App as defined in the Avenir Terms and Conditions and thus shall likewise be covered by these Terms and its subsequent revisions or amendments, as applicable;
4.4 Verify, check, cross-refer, validate, and ascertain the veracity and truthfulness of all information supplied by you by acquiring, accessing, retrieving, or otherwise acquiring similar or additional information supplied by you to other third-party service providers. You hereby expressly, unequivocally, and voluntarily allow Avenir to request for and secure such information, and expressly, unequivocally, and voluntarily instruct such third-party providers to: (a) receive and process Avenir’s request; (b) favorably act at all times on any such request by producing the information requested; and (c) when requested by Avenir, provide the latter with certified digital or printed copies of the said information;
4.5. Send you or cause to send you service updates and/or messages, including SMS, notifications, email and/or any data message transmission, informing you of enhancements, improvements, developments, features, functionalities, products, promotions, offers, advertisement and/or any other information relative to the Avenir Service or the Avenir App. Avenir makes no warranty of any kind, express or implied, for such service updates and/or messages, but you hereby agree to receive such service updates and/or messages and hold Avenir free from any liability and/or claims for indemnification or damages that may arise therefrom;
4.6. Set limitations to and charge fees and applicable taxes for the use of the Avenir Services, at any time and without prior notice. You further understand and agree that Avenir reserves the right, at its sole discretion and under no obligation, to change the applicable fees, taxes and charges levied for the use of the Services, at any time and with prior written notice to you thirty (30) days prior to effective date of change in fees / charges /penalties;
4.7. To limit the provision, availability, quantity and quality of any feature, product or service to any person or to anyone within the same geographic area, demographic profile, or any other market, commercial, and/or segments. You hereby understand, agree, and undertake sole responsibility for your continued access to or use of the Avenir Services, as well as the results or consequences of such access and use, including the responsibility for compliance with applicable laws and the sole liability for non-compliance or breach thereof.