Destinify - Terms of Use
USER ACCEPTANCE
Welcome to Destinify.com. This is an agreement between Destinify LLP, owner of Destinify.com (the site/app) and its
services, and you (you or your or user(s)), a user of the Site, and services.
Throughout this document, the words Destinify, us, we, and our, refers to Destinify.com, or our service. Your
ability to submit or transmit any information through our site or service will be referred to as ‘content'
throughout this agreement.
By agreeing to use our site/app, you agree to these terms of service and the privacy policy. We may amend our terms
of service or privacy policy; the updates can be found on this page.
If you do not agree to the terms of service or the privacy policy, please cease using our site and service
immediately.
SERVICE DESCRIPTION
Destinify help to discover new places to explore, map and organize its users travel moments and memories and share them to social networks.
ACCOUNTS
To use many of the functionalities of our site and services, you will be required to register. During
registration we may collect data (not limited to) such as your name, email, and mobile number. Additionally, we
may allow you to use third party sites, such as Facebook, Google to login. We have the
final discretion in granting accounts and reserve the right to reject users without explanation.
By registering at Destinify.com, you are agreeing that you are at least 13 years of age or older. If you are
under 13, please refrain from using our site and services immediately.
DISCLAIMER AND INFORMATION ACCURACY
Our services are to be used for discovering new places to explore, collecting, and sharing travel moments, with maps being a large part of our user experience. Although we strive to provide the most accurate maps and information possible, we cannot guarantee that use of our service will result in exact desired results for you. We cannot guarantee that all locations are accurate on our maps. We primarily use Google Maps in our platform, although their data is generally accurate, errors may occur. Please do not rely on our service if you have any concern that your safety or the safety of others might be at risk. As many places are solely added by the user to their profile, we cannot guarantee that the location of the spots will be accurate to a hundred percent.
POSTING OF CONTENT ON DESTINIFY
Destinify allow you to submit and share content such as data, location information, photographs, video,
messages, and other materials. Destinify is only acting as a repository of data. We make no guarantees as to the
validity, accuracy, or legal status of any user content. We do not endorse or verify (subjected to the needs)
any content submitted. We are not required to host, display, or distribute any of your content and we may refuse
to accept or transmit your content, and may remove or delete them from Destinify at any time.
Any content submitted by you will be owned by you. However, by submitting any content to our site and service,
you hereby represent and warrant that you own all rights to your content or, that you have the right to give us
the licence. You also promise that you have paid and will pay in full all fees or other payments related to the
use of your content. Finally, you promise that your content does not infringe on the intellectual property
rights, privacy rights, publicity rights, or other legal rights of any third party.
You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive,
indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or
remedies you have or may have against Destinify with respect thereto, and agree to indemnify and hold Destinify,
its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all
matters related to your use of the site/app.
PROFILE ANALYSIS
We analyse the content you upload to Destinify to publish schematics of types of places you add to Destinify and also to determine what kind of explorer you are. The more spots you add to Destinify, the more accurate this analysis result would be.
YOUR LICENCE GRANT TO US
When you submit any content to us, you grant Destinify and its affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable licence to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your post and anything we may make with your post through Destinify or any other medium currently invented or invented in the future. We reserve the right to display advertisements in connection with your content, and to use your content to advertise and promote Destinify. Additionally, although you own all content submitted by you, we own all layouts, arrangement, metadata, and images that are used to render your Content through our site/app.
OUR LICENCE GRANT TO YOU
We grant you a non-commercial personal, non-exclusive, revocable, limited licence to use our site/app. You acknowledge that we maintain all rights, title, and interest in our website. This means you cannot reverse engineer or otherwise attempt to copy our website or try and make money off of it without our express written permission.
PUBLIC ACCESS AND DISPLAY
By submitting any Content to our App or Service you understand that this Content may be viewable by the public, owing to the privacy settings you give while sharing. You agree that you are solely responsible for any content or information posted. Therefore, it is recommended that any content you store or submit to our website and service be tasteful and up to community standards.
USE OF DESTINIFY
When using Destinify and our services, you are responsible for your use of Destinify. You also agree that your
use of Destinify is for personal non-commercial use. You agree not to access, copy, or otherwise use Destinify,
including our intellectual property and trademarks, except as authorised by these terms of service or as
otherwise authorised in writing by Destinify. You agree not to use Destinify to:
You will not use any automated system, including without limitation robots, spiders, offline readers, etc., to
access the site/app or the service in a manner that sends more request messages to Destinify servers than a human
can reasonably produce in the same period of time by using a conventional on-line web browser (except that
Destinify grants the operators of public search engines revocable permission to use spiders to copy materials
from the publicly available searchable indices of the materials);
You will not attempt to interfere with, compromise the system integrity or security, or decipher any
transmissions to or from the servers running the Site, or Service.
You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or
disproportionately large load on our infrastructure.
You will not upload invalid data, viruses, worms or other software agents through the site or service.
You will not collect or harvest any personally identifiable information, including account name.
You will not use the site/app, or the service for any commercial solicitation purposes.
You agree to act within the bounds of common decency when using our site/app.
You agree not to stalk, harass, bully or harm another individual.
You agree not to impersonate any person or entity or misrepresent your affiliation with a person or
entity.
You agree that you will not hold Destinify responsible for your use of our site/app.
You agree not to interfere with or disrupt the site, or service.
You agree not to hack, spam, or phish us or other users.
You agree to provide truthful and accurate content.
You agree to not violate any law or regulation and you are responsible for such violations.
You will not use our site/app to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening,
harassing, inflammatory, fraudulent content.
You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any
portion of our site/app, including the de-indexing or de-caching of any portion of our site/app from a thirty party’s
website, such as by requesting its removal from a search engine.
You will not upload any content to our site/app that includes any third-party intellectual property unless you have
permission from the owner to use it in the specific manner that you used it.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our service may
at our discretion, be terminated or suspended. Generally, we will provide an explanation for any suspension or
termination of your use of any of our services, but Destinify reserves the right to suspend or terminate any
account at any time without notice or explanation.
COMPLIANCE WITH LAWS AND REGULATIONS
Destinify is not responsible for your violation of any laws while using our site and service. Users must comply
with all local, state, or federal laws regarding your use of our site and service.
This policy, and the relationship between you and us under these terms, shall in all respects be interpreted in
accordance with and governed by the laws of India, without regard to its conflict of laws principles, and the
parties agree to submit to the exclusive jurisdiction of the India in relation to any dispute arising out of or
in connection with these terms.
INTELLECTUAL PROPERTY
The design of the Destinify.com along with created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein, are owned by, or licensed to Destinify, subject to copyright and other intellectual property rights. Destinify reserves all rights not expressly granted in and to the service and the site/app. You agree to not engage in the use, copying, or distribution of anything contained within the Site or Service unless we have given express written permission.
LIMITATION OF LIABILITY
In no event shall Destinify.com, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from(i) your use or inability to use the website or our services due to errors, mistakes, or inaccuracies of content, (ii) any personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our site or service, (iii) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our site by any third party, (iv) any failure of any third party information listed on our site and service, including any failures or disruptions whether intentional or unintentional or (v)any errors or omissions in our site or service for any loss or damage of any kind incurred as a result of your use of our site or service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.
INDEMNITY
You agree to defend, indemnify, and hold harmless Destinify, its officers, directors, employees and agents,
from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney's fees) arising from:
Your use of and access to the Destinify site and service.
Your violation of any term of these Terms of Service.
Your violation of any third party right, including without limitation any copyright, property, or privacy right.
Any claim that any of your content caused damage to a third party.
This defence and indemnification obligation will survive this agreement and your use of the Destinify service.
You also agree that you have a duty to defend us against such claims and we may require you to pay for an
attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our
reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in
this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the
damages as though we had proceeded with a trial.
FREEDOM OF SPEECH
At Destinify we allow users to create content which is user-generated and respect the fundamental right to speak freely. However, this is an online community so please be respectful and reasonable while communicating with others. Since third parties independently upload their content to our service, we are not liable for any defamatory content posted on our website if published by a third party. We are a passive service that also hosts content generated by users. Although we may choose to edit or delete any clearly defamatory or illegal content, we are not required to, and we reserve all defences for such speech.
AMENDMENTS
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service.
ELECTRONIC COMMUNICATIONS
The communications between you and Destinify use electronic means. For contractual purposes, you (1) consent to receive communications from Destinify in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Destinify provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.