Terms Of Services
TERMS OF SERVICE
1-SUMMARY OF SERVICE
Conceptadvisor is a platform where certain users (“Clients”) launch competitions (“Competitions”) in which they solicit designs from architectural designers (“Designers”). Through the Website, users have access to content including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Site Content”). Clients and Designers (collectively, “Users”) may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible content (User Content, discussed further in Section 6). User Content, unless otherwise noted, includes architectural designs submitted by Designers during a Competition (“Design Submissions”).
2-CONDITIONS FOR USING THE WEBSITE
This site may only be accessed by Users who are members of the Conceptadvisor Network and have (a) registered for the Website and paid all fees due to Conceptadvisor, if any, in connection therewith; and (b) obtained a valid password to access the Website from us. Further, you agree to the following:
a. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13.
b. Except as expressly provided in the case of User Content (as defined below), Site Content and other content of the Website are proprietary to us or to third parties.
c. We authorize you to access, view, use, copy or print the Site Content solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website without the express, prior, written consent of Conceptadvisor. At any time we may, without further notice, make changes to the Website or this Agreement.
d. All software used on the Website is proprietary to us or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited.
e. You agree, and represent and warrant, that your use of the Website and the Site Content, or any portion thereof, will be consistent with the licenses, covenants and restrictions contained in this Agreement and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Website or the Site Content or your use of them, and you will be solely responsible for your own individual violations of any of them.
3-USER ACCOUNT, PASSWORD AND SECURITY
a. USER ACCOUNT. For certain types of features available through the Website,
we require the use of encryption technologies provided for your protection
and/or your use of a user identification name (“User ID”) and password after
setting up a user account (“User Account”). You may never use another person’s
User Account and/or User ID without permission. We use reasonable precautions
to protect the privacy of your User ID, password and User Account information by
utilizing a Secure Socket Layer (“SSL”) connection. You, however, are ultimately
responsible for protecting your User ID, password and User Account information
from disclosure to third parties, and you are not permitted to circumvent the use
of required encryption technologies. You agree to
(i) immediately notify Conceptadvisor of any unauthorized use of your User ID, password or User Account, or any other breach of security, and
(ii) ensure that you exit from your User Account at the end of each session. You are solely responsible for any activity that occurs with respect to your User Account and User ID. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption. User Accounts and User IDs are non-transferable.
b. ACCURATE INFORMATION. In creating and using your User Account on the
Website, you agree to:
(i) provide true, accurate, current and complete information about yourself on any registration form required on the Website (such information being the “Registration Data”); and
(ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, non-current or incomplete, or Conceptadvisor has reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, Conceptadvisor has the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
In creating and using your User Account on the Website, you agree to: (I) provide true, accurate, current and complete information about yourself on any registration form required on the Website (such information being the "Registration Data"; and "ii" maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
4. Warranty disclaimers and limitations of liability
a. DISCLAIMER OF WARRANTIES. Concept advisor makes no representations or warranties of any kind regarding the Website, the Site Content or the User Content. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, THE SERVICES, THE SITE CONTENT AND THE USER CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. CONCEPTADVISOR MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE SERVICES, THE SITE CONTENT, THE USER CONTENT OR ANY OTHER SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN ACCURATE, COMPLETE, CURRENT, UNINTERRUPTED OR ERROR-FREE, THAT THE SITE CONTENT AND/OR USER CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEBSITE OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OTHER HARMFUL COMPONENTS OR CHANGES CAUSED BY A THIRD PARTY, OR THAT ANY PERSON USING THE WEBSITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. CONCEPTADVISOR DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT CONCEPTADVISOR SHALL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
5-THIRD PARTY CONTENT
a. The Website may contain hyperlinks to other websites maintained by third parties, or Conceptadvisor may provide third party content on the Website by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY, AND A LINK DOES NOT IMPLY ENDORSEMENT OF, SPONSORSHIP OF OR AFFILIATION WITH THE LINKED WEBSITES. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER CONCEPTADVISOR’S CONTROL AND CONCEPTADVISOR IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
b. If a third party links to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with Conceptadvisor. In most cases, Conceptadvisor is not even aware that a third party has linked to the Website. A third party that links to the Website: (i) may link to, but not replicate, Site Content; (ii) may not create a browser, border environment or frame Site Content; (iii) may not imply that Conceptadvisor is endorsing it or its products; (iv) may not misrepresent its relationship with Conceptadvisor; (v) may not present false or misleading information about Conceptadvisor’s products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.
6. User content
a. The Website does now or may in the future permit the submission of various forms of content submitted by you and other users (“User Content”) and the hosting, sharing, and/or publishing of such User Content. Conceptadvisor does not guarantee any confidentiality with respect to any submissions of User Content to us. By using the Website you may be exposed to User Content that is offensive, indecent or objectionable. The User Content posted by any user of the Website is not under Conceptadvisor’s control and Conceptadvisor is not responsible for such User Content. If you decide to access any of the User Content, you do so entirely at your own risk.
c. You retain all of your ownership rights in your User Content. However, by submitting User Content to Conceptadvisor, you hereby grant Conceptadvisor, and you promise that you have the right to grant us, an irrevocable, perpetual, non-exclusive, transferable, fully paid worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt in whole or in part and distribute such User Content, for any purpose, commercial, advertising or otherwise, on or in connection with the Website, the Services or the promotion of either, and to prepare derivative works of, or incorporate into other works, such User Content. You also hereby grant each user of the Website a non-exclusive license to access your User Content through the Website, and to use and reproduce such User Content for personal, non-commercial use as permitted through the functionality of the Website and under this Agreement.
d. If you submit a Design Submission for a specific Competition launched by a specific Client, you hereby grant that specific Client an irrevocable, perpetual, non-exclusive, transferable, fully paid worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt in whole or in part and distribute such Design Submission, for any purpose, commercial, advertising or otherwise, within the scope of the project brief for that specific Competition, subject to a perpetual right of attribution.
e. A Client soliciting Design Submissions agrees to
(i) describe in its Competition project brief, as thoroughly and as accurately as possible, the intended use of the Design Submissions, including the scope of the project, time frame of the project, Client’s role in the project, and
(ii) take reasonable steps to ensure that, during and after the conclusion of the Competition, Design Submissions and modifications thereof are always attributed to the Designer.
f. You acknowledge that you are publishing and making your User Content available for viewing by third parties, that your User Content may be attributable to you, that third parties will gain access to your User Content through the Website, and Conceptadvisor shall in no event be liable to you for any use or misuse of your User Content by any third party.
g. You agree to not use the Website to:
(i) upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, false, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(ii) harm minors in any way;
(iii) impersonate any person or entity, including, but not limited to, a Conceptadvisor official or employee;
(iv) falsely state or otherwise misrepresent your affiliation with any person or entity;
(v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Website;
(vi) upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of an employment relationship or under a nondisclosure or confidentiality agreement);
(vii) upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Conceptadvisor all of the license rights granted herein;
(viii) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, phishing schemes, pyramid schemes, or any other form of solicitation;
(ix) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(x) interfere with or disrupt the Website or any of the servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; (xi) intentionally or unintentionally violate any applicable local, state, national or international law;
(xii) stalk or otherwise harass another; or (xiii) collect or store personal data about other users.
h.You acknowledge that Conceptadvisor does not pre-screen User Content, but that Conceptadvisor and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move and/or remove any User Content that is available on or through the Website. Without limiting the foregoing, Conceptadvisor and its designees shall have the right to remove any User Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Site Content or User Content, including any reliance on the accuracy, completeness or usefulness of such content. In this regard, you acknowledge that you may not rely on any Site Content or User Content created by Conceptadvisor or submitted to or appearing on the Website.
i. You acknowledge and agree that Conceptadvisor may preserve User Content
and may also disclose User Content if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to:
(i) comply with legal process;
(ii) enforce this Agreement;
(iii) respond to claims that any User Content violates the rights of any third parties; or
(iv) protect the rights, property or personal safety of Conceptadvisor, its users and/or any third party.
j. Conceptadvisor does not endorse any User Content or any opinion,recommendation or advice expressed therein, and Conceptadvisor expressly disclaims any and all liability in connection with User Content. Conceptadvisor does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Conceptadvisor will remove all Site Content and User Content if properly notified that such Site Content or User Content infringes on another’s intellectual property rights. Conceptadvisor reserves the right to remove Site Content and User Content without prior notice. Without limiting Conceptadvisor’s right to terminate a User Account pursuant to Section 10 of this Agreement, Conceptadvisor will terminate a User Account of any user of the Website who has been notified of infringing activity more than twice and/or has had User Content removed from the Website more than twice. Conceptadvisor also reserves the right to decide whether User Content is appropriate and complies with this Agreement for violations other than violations of intellectual property law, such as, but not limited to, obscene or defamatory material. Conceptadvisor may remove any User Content and/or terminate a User Account for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion.
k. Subject to the rights granted to us and to third parties in this Agreement, you own all of your User Content and any intellectual property rights associated with your User Content. You may remove your User Content, excluding Design Submissions and Competition details, from the Website at any time, but the license that you have granted shall remain in effect. Unless another Section of this Agreement applies, upon request and at the sole discretion of Conceptadvisor, Design Submissions may be removed only with the agreement of the soliciting Client, and Competition project briefs may be removed only with the agreement of all Designers who submitted Design Submissions for that specific Competition and who received at least “honorable mentions” in that specific Competition.
7. Copyright and trademarks
The trademarks, service marks and logos used and displayed on the Website, including the CONCEPTADVISOR mark and logo, are Conceptadvisor’s registered and unregistered trademarks and service marks. All trademarks and service marks of Conceptadvisor that may be referred to on the Website are the property of Conceptadvisor. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Conceptadvisor is the copyright owner or authorized licensee of all text and all graphics contained on the Website. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Conceptadvisor’s trademarks, service marks or copyrighted materials without Conceptadvisor’s prior written permission. Neither the name of Conceptadvisor nor any of Conceptadvisor’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without Conceptadvisor’s prior written permission, except that a third party website that desires to link to the Website and that complies with the requirements of Section 5(b) above may use the name “Conceptadvisor” in text format only in or as part of that link.
If you believe that any Site Content or User Content on the Website violates any intellectual property right of yours other than a copyright right (which is covered by Section 7 above), please contact Conceptadvisor at the address, email address or telephone number set forth at the bottom of this Agreement.
8.Termination of service
We may terminate your User Account or right to access secured portions of the Website at any time, without notice, for any reason or for no reason or for conduct that we believe violates this Agreement and/or is harmful to other users of the Website, to Conceptadvisor, to the business of the Website’s Internet service provider, or to other information providers.
We welcome the submission of comments, information or feedback through the Website. In the event that you submit ideas or suggestions for the Website, Site Content or Services (“Services Comments”), the Services Comments will be deemed, and will remain, the sole property of Conceptadvisor. None of the Services Comments will be subject to any obligation of confidence on the part of Conceptadvisor, and Conceptadvisor will not be liable for any use or disclosure of any Services Comments. Without limiting the foregoing, Conceptadvisor will be entitled to unrestricted use and other exploitation of the Services Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Services Comments.
Conceptadvisor reserves the right to modify this Agreement, any aspects of the Services, or its policies at any time, with or without notice to you. You are under an obligation to review the current version of this Agreement and other Conceptadvisor policies before using the Website. Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
If any provision of this Agreement, or the application thereof, shall for any reason and to any extent be determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Agreement shall be interpreted so as best to reasonably effect the intent of the parties. The parties further agree to replace any such invalid or unenforceable provisions with valid and enforceable provisions designed to achieve, to the extent possible, the business purposes and intent of such invalid or unenforceable provisions.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and such waiver shall only be enforceable if given in writing and signed by both parties to this Agreement. Conceptadvisor’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.