illuvis Terms of Service
Last modified on the 25th of January 2014.
Thanks for using Illuvis. These terms of service (the Terms) govern your access to and use of the Illuvis website and desktop GIS tools (the Services). Illuvis is owned and operated by the Illuvis Management Team (we, our or us).
By registering an Illuvis account or by using the Services you agree to be bound by these Terms. You may only use the Services in accordance with these Terms.
As we seek to improve Illuvis, the Services may change from time to time. We may stop, suspend or modify the Service at any time without prior notice to you.
1. Your Data and Your Privacy
During the course of using the Services, you may submit files and information (Your Data) to us. You maintain full ownership of Your Data. We make no claim of ownership of Your Data.
In order to provide the Services, we may need your permission to do certain things with Your Data. Such things include hosting your flood maps and sharing your maps with others at your direction. You give us the permission to use Your Data as required solely to provide the Services.
You are solely responsible for the files and information you provide and it is your responsibility to ensure you have the rights and permissions to comply with these Terms.
Georeferenced files submitted to Illuvis may undergo transformation to ensure they align properly with background mapping and conform to a maximum resolution. Such data seen hosted on Illuvis may therefore not be identical to the source data you submitted. It is your responsibility to ensure that your data appears as you intended.
We are not responsible for the accuracy, completeness, appropriateness or legality of any content provided by Illuvis users accessible via the Services.
2. Sharing Projects
The Services allow you to grant access to your projects to third parties. Such access always allows those third parties to view a project but can optionally allow third parties to:
- Edit the project
- Share the project with others
Please therefore make careful consideration before sharing projects with third parties as we will not be liable for any damages, losses or expenses arising as the result of you accidentally sharing Your Data with others.
3. Your Responsibilities
Information you submit to the Services may be protected by the intellectual property rights of others. You warrant that you have the rights to upload such information and take full responsibility and liability for the uploading of such information.
Although we take reasonable steps to ensure the smooth and continual running of the Services, you are responsible for maintaining and protecting Your Data. We will not be liable for any loss or corruption of Your Data.
Access to your account is granted using your password. You are responsible for keeping your password safe and not disclosing it to any third party. You are responsible for all activity on your account, whether or not you authorised it.
The software used to provide the Service and all content not provided by users or third-party background map providers are the sole property of the Illuvis Management Team and may not be copied without prior written consent.
Illuvis and the Illuvis logos are trademarks owned by the Illuvis Management Team.
The copyright of user-generated content and background maps resides with their respective owners.
You may stop using the Service at any time. We reserve the right to suspend or terminate the Services at any time, with or without notice or cause. This may occur if you are using the Services in a way which is causing a degradation of Service to others.
6. Disclaimer of Warranty
Although every effort has been made to ensure Illuvis is as robust and secure as possible it is provided "as is". THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7. Limitation of Liability
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
From time to time we may make revisions to these Terms. If we consider such a revision to be significant, we will notify you by email using the email address that you used to register. All other revisions will be posted to the Illuvis Terms of Service page so please check this page regularly. By continuing to use of the Services after such revised Terms come into effect constitutes agreement with those terms.
These terms are governed by the courts of England and Wales. These Terms for the entire and exclusive agreement between you and us with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Our failure to enforce a provision is not a waiver of our right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but we may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.