Array ( [SERVER_SOFTWARE] => Apache/2.4.39 (Unix) mod_hive/6.27 OpenSSL/1.0.1e-fips mod_fastcgi/2.4.6 [REQUEST_URI] => /terms-of-service/ [PATH] => /usr/local/bin:/usr/bin:/bin [REDIRECT_STATUS] => 200 [UNIQUE_ID] => XzBiderHMO9mpf@6YPBo3AAAAAM [SCRIPT_URL] => /terms-of-service/ [SCRIPT_URI] => https://ivoryfyre.com/terms-of-service/ [HTTPS] => on [PHPHANDLER] => /usr/local/php73/bin/php [HTTP_HOST] => ivoryfyre.com [HTTP_X_REAL_IP] => 3.219.167.194 [HTTP_X_FORWARDED_PROTO] => https [HTTP_ACCEPT_ENCODING] => br,gzip [HTTP_CONNECTION] => close [HTTP_USER_AGENT] => CCBot/2.0 (https://commoncrawl.org/faq/) [HTTP_ACCEPT] => text/html,application/xhtml+xml,application/xml;q=0.9,*/*;q=0.8 [HTTP_ACCEPT_LANGUAGE] => en-US,en;q=0.5 [HTTP_X_HTTPS] => 1 [SERVER_NAME] => ivoryfyre.com [SERVER_ADDR] => 35.213.152.31 [SERVER_PORT] => 443 [REMOTE_ADDR] => 3.219.167.194 [DOCUMENT_ROOT] => /home/ivoryfyre/public_html [SERVER_ADMIN] => webmaster@ivoryfyre.com [SCRIPT_FILENAME] => /home/ivoryfyre/public_html/index.php [REMOTE_PORT] => 56068 [REDIRECT_URL] => /terms-of-service/ [GATEWAY_INTERFACE] => CGI/1.1 [SERVER_PROTOCOL] => HTTP/1.0 [REQUEST_METHOD] => GET [QUERY_STRING] => [SCRIPT_NAME] => /index.php [PHP_SELF] => /index.php [REQUEST_TIME_FLOAT] => 1597006453.9604 [REQUEST_TIME] => 1597006453 )

TERMS OF SERVICE

General Terms of Use – IvoryFyre.com

[last updated March 2020]

 

IvoryFyre.com and associated social media profiles are made available by Ivory Fyre Pty Ltd ABN: 81 638 861 300 Sydney, NSW, Australia.

 

“Reference to “Ivory Fyre”, “us”, “our” or “we”, it means Ivory Fyre Pty Ltd, and the words “you”, “user” or “your” means you, the visitor to our website or social media pages we provide (collectively called referred to as our website).

 

By using our website you are agreeing to be automatically bound by these terms and conditions, including our privacy policy and membership terms and conditions. We encourage you to carefully read and understand these terms before using the website.  If you don’t agree, your remedy is to stop using our website

 

We may update our terms from time to time and the new provisions will apply from the end of the month in which they are updated, so we recommend that you re-visit these terms and conditions when you use our website.

 

Feedback, comments or complaints

If you have any questions or wish to notify us about anything in relation to these terms and conditions, please contact hello@ivoryfyre.com

 

No unlawful or prohibited use

As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms and conditions. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website. You agree not to hack into areas of this website that are not intentionally made available to you.

 

You expressly agree not to:

  • use the website as a lead generation tool for the benefit of your own business, or to manufacture “lists” in order to help your own business, without our prior approval
  • engage in any internal or external spamming, or other similar actions
  • engage in any unlawful or immoral acts, or acts which are in violation of these terms and conditions
  • decompile, reverse engineer, or try to copy or imitate this website or underlying content

Links disclaimer

This website may contain links to other websites (Linked Sites). The Linked Sites are not under our control and we are not responsible for the contents of a Linked Site. We are not responsible for any form of transmission received from any Linked Site. Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators.

 

Testimonials and Feedback

We may send you an email or other electronic message asking for a review or testimonial about the services we have provided to you. When providing reviews or testimonials you agree to be accurate, factual and provide truthful information.

 

For any reviews, testimonials or other feedback received, we will cross reference that feedback with account holder details to verify that the person providing feedback has actually received the service. We reserve the right to remove or disregard feedback from anyone who we are unable to verify is or was an account holder.

 

When you provide feedback, at the same time you give us your irrevocable permission to publish that testimonial or review on our online services with your name, the service, the month and year. We reserve the right to edit reviews, provided that any editing does not change the meaning of the testimonial or review.

 

Promoted Services – disclaimer

If we promote third party products or services via our website it is because we have a commercial arrangement or agreement with that third party. We do not endorse or recommend any third party products or services. You must exercise your own judgment based upon your own personal circumstances before purchasing third party products or services.

 

Copyright, Trademarks and other Intellectual Property

Ivory Fyre owns the intellectual property rights in the contents of this website, or has permission to use or display the material on this website. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content in whole or in part except as expressly authorised by us.

 

Please contact hello@ivoryfyre.com if you require permission to reproduce any of the contents of this website.

 

Images and item descriptions posted on our social media pages by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content.

 

Any companies, organizations, products, people or events that may be included in renders produced by Ivory Fyre do not represent any association with any real company, organization, product, person, or event and no association or endorsement is intended or should be inferred.

 

Permission: You may access, download, or print material from the website for your personal use only. Sharing without prior permission and commercial use of any sort is expressly prohibited. Images posted on social media platforms may be shared within that platform in accordance with the terms and conditions applicable to that platform, and not otherwise. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this website or any site accessible through this website.

 

Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our website content or our intellectual property.

 

Your content

You warrant that you hold the necessary rights and interests to use any material you add to our website or social media pages (your content) and that all of your content does not infringe any third party intellectual property rights, including copyright and trademark rights.

 

By submitting your content to our website you irrevocably grant to us a perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use your content for the purpose of providing services to you, now or in the future. 

 

You indemnify us against any claims made for breach of intellectual property rights in respect of your content.

 

At our sole discretion we may remove or disable your content if we believe your content to be in violation of our terms and conditions. We are not obligated to return any of your content to you under any circumstances.

 

Copyright infringement

If you believe that there is material on our website that infringes third party intellectual property rights, please contact hello@ivoryfyre.com with sufficient information to enable us to determine who is the owner of the intellectual property and to form the reasonable belief that there has been an infringement, then we will remove it from our website.

 

Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.

 

Security

We make efforts to maintain the security of our website. However, we do not guarantee the security of the website, our records, or your content. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.

 

Continuous accessibility to the website is dependent upon third party services. As a result, the website may be inaccessible from time to time.

 

Limitation of liability

We will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this website in any way, subject to the requirements of Australian Consumer Law.

 

Image boards showing original photographs and Ivory Fyre renders are provided for inspiration only. We make no representation that the original room pictured will actually be able to be decorated or styled in the way presented. The assistance of skilled design and tradespeople is required for most people to complete any redecorating project as well as any necessary approvals. We do not provide those services.

 

The photo realistic design is marked as ‘Virtual Wedding Design’ or ‘3D Visual’ or ‘Ivory Fyre’ to denote that it is not what the room, space or venue actually looks like. We are not liable in the instance that someone mistakes that image as a true representation of the room, space or venue.

 

Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.

 

This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or your use of this website or our services.

 

Indemnity

You agree to indemnify and defend us from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

  •  any claim arising from images you upload or post on our social media pages;
  • any claims made for breach of intellectual property rights in respect of content you make available via our online services;
  • your use of Ivory Fyre renders in any way
  • your unauthorised use of our website;
  • your breach of these terms and conditions.

Applicable law

This agreement is governed by the laws of New South Wales, Australia and you consent to the exclusive jurisdiction and venue of courts in that State or the Federal Courts within Australia, in all disputes arising out of or relating to the use of this website.

 

You may provide notice to us through the contact us page or otherwise by email addressed to ‘the Directors’ and sent to contact hello@ivoryfyre.com. We may provide notice to you via email or other electronic means.

Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of this website is unauthorized, it is your responsibility to stop using this website.

 

Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us because of this agreement or your use of this website.

 

Our performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of this website, or with regard to information provided to or gathered by us with respect to your use.

 

Validity

If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.

 

These terms and conditions together with our privacy policy form the entire agreement between you and us in respect of your use of this website.

 

Member terms and conditions – IvoryFyre.com

[Last updated March 2020]

When registering for an Ivory Fyre account you agree to be bound by these member terms and conditions as well as our terms of use and privacy policy. If there is any inconsistency between those terms and these membership terms and conditions, these membership terms and conditions take precedence.

 

What does Ivory Fyre do? 

Ivory Fyre is a virtual wedding design service to help couples visualise all their design ideas in their  wedding venue, or for stylists to showcase their design vision to clients, or for venues to showcase a range of looks. Members can upload an original image and ask Ivory Fyre to apply a design theme to the image.

 

Ivory Fyre applies the design theme you have selected and sends back an image of what the wedding room, space or venue could look like if it was styled.

 

Registering for an Ivory Fyre account

Ivory Fyre reserves the right to refuse any registration. We are not obliged to provide reasons for rejecting your registration.

 

Register by opening an Ivory Fyre account with your name & contact details.  If you are a business then you must include the company name & location where you work. You must be 18 years old to open an Ivory Fyre account.

 

Your responsibility

When creating and using your account, you agree to:

  • provide true and correct details when you set up your account;
  • keep your username and password secure and confidential and not to share your access with anyone else;
  • accept electronic communications from us (you may unsubscribe from these at any time);
  • keep your contact details up to date;
  • not to upload any images or information that may be considered pornographic, obscene or offensive;
  • remain responsible for any activity that occurs on your account, and cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity on your account;
  • make any payments due associated with your account when they are due;
  • contact us if you believe that your account may be subject to an unauthorised transaction, account takeover or other type of fraudulent activity or security breach;
  • authorise us to disclose financial information, card related profile and purchase behaviour to third party institutions such as banks and financial agencies (including without limitation Visa, Mastercard and American Express).

We reserve the right to suspend, terminate or disable your account if we believe that you are in breach of any of these terms and conditions.

 

You are solely responsible for the activity that occurs on your account, whether authorised by you or not, and may be liable for any loss to us or third parties caused because of the use of your account, whether by an authorised person or not.

 

Account details

You can update your details at any time by logging in to your account. Your account name cannot be changed, but you will be able to update your password, contact and payment details.

 

Your account includes access to view or download all past invoices paid by you.

Your account details, your order information, images you upload and rendered images delivered are not publicly visible or accessible through your account.

 

Placing an order for a rendered image

You don’t need to login to order a virtual wedding design, but you will need to Register or Log In to view the completed design within the My Account section.

 

When placing an order, you will be asked to detail out the requirements for the virtual design and then complete payment for the chosen number of renders.  

 

A theme order provides the option to specify an overall style, colour scheme, guest numbers, budget & upload an image.  Customers who choose this option are leaving the overall design decisions to Ivory Fyre.  Any changes required to be made will need to follow the Ivory Fyre Change Policy.

 

A custom order provides the option to outline specific details with 14 options including the ability to provide a link to a Pinterest board.  Once the order is placed, these details may not be changed & will require a Change Order.

 

All provided venue photos must be high resolution and provided in JPG or PNG format.  If the image is not high resolution and is blurry, grainy or of a low quality then the end result may be compromised.  Ivory Fyre is not able to modify or improve the quality of provided photos and is not liable if the end result is compromised. 

 

One order form must be completed for each venue to ensure Ivory Fyre has all necessary information to complete the order. 

 

Ivory Fyre will deliver renders based upon the information you complete in that form. If you identify a room as a reception, the render will be produced as a reception. If you would rather see the room rendered as a ceremony, you must nominate that as the type of room on the form. You are solely responsible for any errors produced in your completion of that form and the resulting renders.

 

You will receive a confirmation of receipt of order once you have submitted the completed order form and uploaded the associated image.

 

Changing an order

Orders cannot be modified or changed after confirmation of receipt is sent to you. You will need to wait until the design render has been completed and then submit a change request and pay the cost as outlined.  

 

When submitting a change request, the original image supplied may not be changed and the only modifications allowed are to the contents of the space shown in the image including, but not limited to, furniture, linen, decorations and lighting.  

 

Should you wish to change the venue or the image, then a new order must be placed.

Cancelling an order

You can cancel an order at any time, however there will be no refund or credit for orders cancelled after delivery of the confirmation of receipt.

 

Image delivery

Orders are generally processed within 5 business days of receipt.

Completed orders will be uploaded to your account and you will receive an email alerting you that your order is ready for viewing. You must login to your account to view the image and can download a copy from your account.

 

Orders will be completed in a professional and competent manner and reflect the design preferences nominated in your order form. There is no guarantee that the look created will be an exact match to any images you have sourced for inspiration.

 

Copyright in images

You warrant that you hold the necessary rights and interests in the images you upload to your account, and that those images do not infringe any third party intellectual property rights, including copyright and trademark, privacy, or other personal or proprietary rights.

 

If you are uploading images taken by a professional photographer, you should ask for written confirmation from the photographer that you have permission to upload those images for rendering. This is your responsibility. Ivory Fyre is under no obligation to check that you have permission to use the images you upload.

 

You irrevocably grant to Ivory Fyre a world-wide, non-exclusive, royalty-free and perpetual licence and right to use the images you upload to create 3D photo realistic image based upon that image, and to use the image you upload for the promotion of Ivory Fyre, in any format.

 

Ivory Fyre irrevocably grants to you a world-wide, non-exclusive, royalty-free and perpetual licence and right to use the rendered 3D photo realistic images delivered to your account on the condition that the watermark logo of ‘Ivory Fyre’ and the watermark text of ‘Virtual Wedding Design’ be displayed and clearly legible on the image.

 

3D photo realistic images displayed on any websites for marketing purposes should be noted as subject to copyright.

For permission to use the 3D photo realistic images for any other purpose, please contact us through the contact form in your account.

 

Payment terms

There is no ongoing fee for maintaining a Ivory Fyre account at this time. We reserve the right to impose a subscription or membership fee in the future. Any existing account holders will be provided with notice and the option to close their account before any membership or subscription fees come into effect.

Payment is required at the completion of the order form.

 

Closing your account

You can close your account at any time by changing your account settings. If you are unable to change your account settings and want to close the account, please let us know through the contact form in your account.

 

If you close your account, all historical data uploaded to that account including your original images, Ivory Fyre renders and your invoice records may be deleted. We make no representation or warranty that we will retain any information from a closed account or be able to make that information available after you have closed an account.

 

Disclaimer, Indemnity and Limitation of Liability

You agree to use the Ivory Fyre website at your own risk.

You warrant that you will not represent to any person that the renders produced by Ivory Fyre show real rooms, and undertake to make it clear that Ivory Fyre renders are provided for inspiration only.

You acknowledge that:

  • the 3D photo realistic images provided by Ivory Fyre are not images of real rooms or decorations and merely provide a representation of what a room or space could potentially look like
  •  if there is any error in the perspective of the photo you provide, or the nomination of the type of design, the renders produced by Ivory Fyre may not be accurate
  • our interpretation of a design theme and your expectation of what that looks like may be different, we cannot read your mind and make no representation that any image rendered will resemble what you might have imagined
  • 3D photo realistic images are generated for the purpose of inspiration only
  • we are under no obligation to provide a replacement render if the render provided is not what you expected. You may order additional renders at any time
  • Ivory Fyre is not a wedding design tool and as such do not offer, nor guarantee, the ability to purchase or hire items displayed in the render

Image boards showing original photographs and Ivory Fyre renders are provided for inspiration only. We make no representation that the original room pictured will actually be able to be redecorated in the way presented. The assistance of skilled design and tradespeople is required for most people to complete any redecorating or renovating project.

 

We will not be liable to you or any other person or entity for any damages arising as a result of your use of our online services in any way, subject to the requirements of Australian Consumer Law. Certain rights and remedies may be available under the Australian Consumer Law and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we exclude all conditions and warranties that may be implied by law.

 

To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our sole discretion to the resupply of our service to you or a refund of the cost of the service provided to you.

 

You agree to indemnify and defend us from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

  • any claim arising from images you upload or post on our social media pages;
  • any claims made for breach of intellectual property rights in respect of content you make available via our online services;
  • your use of Ivory Fyre renders in any way
  • your unauthorised use of our website;
  • your breach of these terms and conditions.

This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or your use of this website or the services found on this website.