Terms of Service #

Last updated: 2024-10-06

Welcome to Aviary (the “Website”). By accessing or using our Website, you agree to comply with and be bound by the following terms of service (“Terms”). If you do not agree to these Terms, you may not access or use the Website.

1. Acceptance of Terms #

By using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any future modifications or updates we may make. We reserve the right to change these Terms at any time, and it is your responsibility to review them periodically.

2. Eligibility #

You must be at least 18 years old to use our Website. By using the Website, you represent and warrant that you are of legal age and are able to enter into these Terms.

3. User Conduct #

You agree to use the Website in a lawful manner and not to engage in any behavior that:

• Violates any applicable laws or regulations;
• Is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another’s privacy;
• Infringes on the rights of others, including intellectual property rights;
• Interferes with the operation or security of the Website;
• Attempts to gain unauthorized access to the Website, its systems, or accounts;
• Distributes any viruses, malware, or harmful code.

4. Termination and Suspension of Service #

We reserve the right, at our sole discretion, to block, restrict, or terminate your access to the Website or any of its services at any time without prior notice. This may occur if we believe, in our sole judgment, that your use of the Website violates these Terms, is harmful to the Website or its users, or for any other reason deemed necessary.

5. Intellectual Property #

All content, materials, and features available on the Website, including but not limited to text, images, logos, designs, and software, are the property of Aviary or its licensors. You may not copy, reproduce, modify, distribute, or create derivative works from any part of the Website without prior written permission.

6. Limitation of Liability #

To the fullest extent permitted by law, Aviary and its affiliates, employees, and partners will not be liable for any direct, indirect, incidental, or consequential damages arising from your use of the Website, including but not limited to damages for loss of data, profits, or other intangible losses.

7. Disclaimer of Warranties #

The Website is provided on an “as is” and “as available” basis without any warranties of any kind. We do not warrant that the Website will be error-free, uninterrupted, or free of harmful components. You use the Website at your own risk.

8. Indemnification #

You agree to indemnify, defend, and hold harmless Aviary and its affiliates from and against any and all claims, liabilities, damages, losses, or expenses arising out of your use of the Website or your violation of these Terms.

9. Governing Law #

These Terms are governed by and construed in accordance with the laws of Ohio, without regard to its conflict of law principles. Any disputes arising under or related to these Terms shall be subject to the exclusive jurisdiction of the courts in Ohio.

10. Severability #

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be severed and the remaining provisions shall remain in full force and effect.