A Special Notice about Children
By using the Website, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. We do not knowingly collect or maintain personally identifiable information from persons under 13 years old, and no part of our services are directed to persons under 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE WEBSITE OUR SERVICES AT ANY TIME OR IN ANY MANNER. If we learn that personally identifiable information of persons less than 13 years old has been collected without verifiable parental consent, then we will take appropriate steps to delete this information.
In general, you may visit many pages of the Website without telling us who you are or revealing any personal information about yourself. We may collect information from or about the computers, phones, or other devices where you access our Website, depending on the permissions you’ve granted. We may associate the information we collect from your different devices, which helps us provide consistent Services across your devices. Here are some examples of the device information we may collect:
- Attributes such as the operating system, hardware version, device settings, file and software names and types, battery and signal strength, and device identifiers;
- Device locations, including specific geographic locations, such as through GPS, Bluetooth, or WiFi signals;
- Connection information such as the name of your mobile operator or ISP, browser type, language and time zone, mobile phone number and IP address; or
- We may track the Internet domain address from which you visit the Website and analyze this data for trends and statistics, but individual users will remain anonymous unless they voluntarily tell us who they are.
Sometimes (such as when you contact us through an online form, purchase or order a product, sign up for our newsletters, or subscribe to a service) we will ask you to provide personal information about yourself, such as your name, shipping/billing addresses, employer, telephone number, or e-mail address. We also maintain a record of your online purchases. Whether or not you choose to provide the information we request is entirely up to you. But if you choose not to provide the information we request, you may be unable to purchase products, or access certain services, offers, and content on the Website.
Collection and Use of Personal Information
If you choose to provide information to us through our Website, you may be asked to provide us with personal information, including your name, address, postal address and telephone number, your e-mail address, a password, and other identifying information (such as your mother’s maiden name, city of birth, or pet name). If you choose to purchase a service from us, our third-party providers will collect additional personal information, including your billing address, credit card number, and expiration date to properly process your purchase. We also may ask you for personal information when you ask us for information, seek support, subscribe to a Company service or publication, or download information.
If you choose a direct payment gateway to complete your purchase, our third-party services provider (currently, Stripe) may store your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
Your personal information allows us to provide you with the information you have requested, provide you with information regarding the status of your assets and transactions, fulfill your purchases, and provide you with information regarding future products and services that may suit your interests. We also use your personal information to help identify you if you lose your password and to help you quickly find information on the Website. If you believe that any of your personal information is incorrect, or has been changed since your registration at the Website, please send an e-mail message to email@example.com explaining the correction or change and provide any relevant confirmation or reference number.
The Website uses cookie technology to improve the quality of your experience. A cookie is a small file that contains information sent by a website that is saved on the hard disk of your computer by your computer’s browser or on the storage of your mobile device. Cookies store information that a website may need in order to personalize your experience and gather website statistical data. Any time you visit the Website to browse or to read or download information, we collect and store the name of the domain and host from which you access the Internet (for example, comcast.com, centurylink.com, etc.); the Internet protocol (IP) address of the computer you are using; the browser software you use and your operating system; the date and time you access the Website; and the Internet address of the website from which you linked directly to the Website. We use this information to measure the number of visitors to areas of the Website, and to help us make the Website more useful and interesting to our visitors. We use information from cookies in the aggregate to analyze for trends and statistics.
Some consumers may not know that cookies are being placed on their computers when they visit websites. If you want to know when this happens, or to prevent it from happening, you can set your browser to advise you when a website attempts to place a cookie on your computer.
Do We Share Your Information?
We will share your personal information with our partners and with third-party independent contractors for purposes of: (1) performing functions on behalf of Company, such as processing credit card transactions or other billing functions; (2) providing you with offers or survey requests via e-mail or via the Website; and (3) tracking information generated through the Website. Our partners and third-party independent contractors are obligated contractually not to use or share your personal information for unauthorized purposes. In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
We may also disclose your personal information to:
- comply with a court order, subpoena, search warrant, or other legal process; to comply with legal, regulatory, or administrative requirements of any governmental authorities;
- protect and defend Company, its subsidiaries and affiliates, and their officers, directors, employees, attorneys, agents, contractors, and partners, in connection with any legal action, claim, or dispute;
- protect against actual or potential fraud;
- resolve our users’ inquiries or disputes;
- receive payments;
- carry out our business;
- protect the confidentiality or security of our records;
- enable our service providers to perform marketing services on our behalf, inform users about our own products or services, or allow us to provide you with special product offers;
- comply with federal or state laws and other applicable legal requirements; and
- prevent imminent physical harm in the event that we find that your actions on the Website violate any laws, our Terms and Conditions of Use, or any of our usage guidelines for specific products or services.
We reserve the right to transfer your personal information to a third party in connection with a transfer of all or substantially all of Company’s assets. We do not guarantee that any entity receiving such information in connection with one of these transactions will comply with all terms of this policy.
You may “opt out” of having your personal information shared for purposes of receiving product offers via e-mail or postal mail, and from receiving product offers directly from us via e-mail or by simply clicking on the appropriate link provided in the Website or an email received from us, and also by emailing us at firstname.lastname@example.org. If you choose not to give us your personal information at all, you can still access the Website; however, you will not be able to access areas that require registration or personal information.
Google Analytics (Google Inc.)
Google Analytics is a web analysis service provided by Google Inc. Google uses collected data to track and examine the use of our website(s), to prepare reports on its activities, and share them with other Google services. Google may use the data it collects to contextualize and personalize the ads of its own advertising network. We may receive information about you and your activities on and off our Website from Google.
We may disclose data that you provide to us to providers of software that we use to complete commercial transactions on our website and in other services.
Intercom is a customer messaging app for sales, marketing and support. We may share your name and email address with Intercom in connection with our use of their services to market our products.
Links to or from Other Materials
The Website contains links to or from content made available on other sites. These links are an accommodation to or from the respective third-party site owners and for your convenience. Sites linked to and from the Website are not necessarily under the control of Company, and Company shall have no responsibility or liability whatsoever for the content or privacy practices of any linked sites, linked content, or any link or linking program at any time. You should read and understand Company’s policies with respect to such third-party links, as stated in the Terms and Conditions of Use of the Website.
The Website has security measures in place to protect the loss, misuse, and alteration of the information under our control. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee the absolute security of your personal information.
Do Not Track
The Company does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third-party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, you may be able to set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked.
Effective Date and Changes
Last Revised: September 5th, 2018
1.1 OVERVIEW. The Site is intended to allow registered users (each, an Author), some of whom may be affiliated with engineering, architecture, and consulting practices (each, a Firm), to upload and manipulate 3D architectural models of buildings (each, an Initial Design) to simulate how simulations of specific building materials (each, a Product and, when combined with a Building Design and other Products, a Design), including Products manufactured and marketed by third-party manufacturers (each, a Manufacturer), may affect how light penetrates, reflects, or form shadows with features of a building represented in a Design (such factors, when combined with a Design, a Model) if that building is constructed in a specific location and manner. Specifically, Authors can use the Site, software, and related services made available by us (the Services) to manipulate a Design and generate a Model that is used to construct a building (a Finished Structure and, together with a Design and a Model, a Work) in a manner intended to maximize daylight within the structure. Whether you are an independent Author or an Author affiliated with a Firm or a Manufacturer (together, Users and each, a User), this Agreement applies to you and to any Work you may create, modify, or edit, together with all IPR associated with any Work created with or through the Site or the Services. IPR means all trade secrets, copyrights, trademarks, service marks, Moral Rights, patents and other intellectual property rights recognized by the laws of any country. Moral Rights means rights of attribution, paternity, integrity, modification, disclosure and withdrawal, and any other rights throughout the world that may be known as or referred to as “moral rights,” “artist’s rights,” “droit moral,” or the like.
1.2 SERVICE CHANGES AND LIMITATIONS. The Site and the Services change frequently, and their form and functionality may change without prior notice to you. We retain the right to create limits on and related to use of the Services or the Site in our sole discretion at any time with or without notice. We may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. We may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Your Content (as defined below). We may also terminate or suspend Accounts (as defined below) at any time, in our sole discretion.
2 USE OF THE SITE.
2.1 REGISTRATION. In order to use certain functionality of the Site and all of the Services, you must register for an account with us (Account) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by choosing the “Delete Account” function in the Site. You are responsible for maintaining the confidentiality of your Account login information, you are fully responsible for all activities that occur under your Account, and you agree not to share your Account credentials with a third party. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. Authors may have access to Accounts affiliated with different Firms and we may charge you for access to use certain Services offered by the Site; you agree to pay us for the use of that functionality if you chose to subscribe to that functionality.
2.2 LIMITS ON USE. You may not, without express prior written permission, do any of the following while accessing or using the Site: (a) tamper with, or use non-public areas of the Services, or the computer or delivery systems of Light Foundry and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) scrape the Services or the Site, and particularly scrape Your Content (as defined below) from the Services; (d) use the Services or the Site to send altered, deceptive, or false source-identifying information, including without limitation by forging headers or MAC addresses; or (e) interfere with, or disrupt, (or attempt to do so) the access of any User, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Site, or by scripted use of the Site in such a manner as to interfere with or create an undue burden on the Site.
3.1 DEFINITION. Content means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Site. Your Content means Content that you submit, transfer, upload, or otherwise provide to the Site, including without limitation Works that you or other Users associated with your Firm create based on a Model, together with reviews or testimonials regarding Works or the Site submitted by you (Reviews), as well as any Products provided by you.
3.2 RIGHTS. Subject to the licenses set forth in this Agreement, you retain ownership and/or other applicable rights in Your Content, and we and/or third parties retain ownership and/or other applicable rights in all Content other than Your Content (Our Content).
3.3 YOUR CONTENT. You are solely responsible for Your Content. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your Content that makes you or any third party personally identifiable. You may not state or imply that Your Content is in any way provided, sponsored or endorsed by us. We are neither obligated to remove any of Your Content from the Site, unless required by applicable Law, nor obligated to back up any of Your Content. Your Content may be deleted at any time and you are solely responsible for creating backups of Your Content.
3.4 LICENSE. When you provide Your Content to us through the Site, you grant us a perpetual, non-exclusive, worldwide, royalty-free, sublicensable (through multiple levels), transferable right and license to copy, use, host, store, cache, reproduce, display, perform, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of, Your Content. The rights you grant in this license are for the purposes of allowing us to operate the Services in accordance with their functionality, to improve the Services, to develop new Services, and to allow you to sell or license Completed Works to Purchasers through the Site. The reference in this license to “creat[ing] derivative works” is not intended to give us a right to make substantive editorial changes or derivations, but does, for example, allow us to use Products to create, improve, and distribute our Services. You also agree that you will respect the IPRs of others, and represent and warrant that you have all of the necessary rights to grant us this license for all of Your Content.
3.5 CONFIDENTIALITY. We will maintain the confidentiality of Your Content and not disclose Your Content for any purpose other than the purpose set forth in Section 3.4 (LICENSE). The obligation to maintain the confidentiality of Your Content will not extend to (a) information or data that is, or becomes, publicly available without a breach of this Agreement; (b) information known by us prior to disclosure by you; (c) information disclosed by a third party, provided such disclosure by the third party is not in violation of any confidentiality agreement or obligation; or (d) information disclosed pursuant to any judicial or governmental request, requirement, or order, provided that prior to such disclosure the party receiving any such request, requirement, or order gives reasonable notice to the other party so that it may contest such request, requirement, or order. We retain the right to gather information from Your Content to assemble aggregate data sets for analytical and business purposes at any time, during or after the term of this agreement. The aggregated data will by anonymized, with no personally or professionally identifiable information disclosed pursuant to the aforementioned provisions.
3.6 RIGHTS IN COLLABORATIVE WORKS. If you are an Author affiliated with a Firm or a Manufacturer, and not the sole author of a Work (a Collaborative Work), you hereby (a) agree that the Collaborative Work will not be characterized as a joint work of authorship under applicable law; (b) assign to Firm or Manufacturer upon whose behalf you are accessing the Site or the Services (the Original Author) all of your right, title, and interest throughout the world in and to any IPR therein; (c) forever waive and irrevocably quitclaim to the Original Author or its designee any and all rights, claims, of any nature whatsoever, that you may now have or may hereafter have for infringement of or in connection with that Collaborative Work; (d) acknowledge that your addition of Content to the Collaborative Work was compensated in exchange for the opportunity to collaborate with other Authors through the Site; and (e) acknowledge and agree that all rights and claims arising out of or relating to the IPR in a Collaborative Work are owned exclusively by the Original Author. To the extent that Moral Rights cannot be assigned to the Original Author under applicable law, you hereby waive and agree not to enforce any and all Moral Rights against such Original Author, including, without limitation, any limitation on subsequent modification, to the extent permitted under applicable law.
3.7 OUR CONTENT. Our Content may not be reproduced, copied, sold, or used for any commercial purpose without written consent from us. As a User, we grant you a worldwide, revocable, non-exclusive, non-sublicensable, and non-transferable license to download, store, view, display, perform, distribute, and create derivative works of Our Content solely in connection with your use of, and in strict accordance with the functionality and restrictions of, the Services and the Site. This means, for example, that we license or sublicense Material Models to you for purposes of creating Works.
3.8 QUALITY. We use various technologies to provide you with an optimal experience when using the Services. However, the quality of Content, including resolution, may be affected by the format of the Content, your location, the speed and bandwidth of your data service, the speed, security, and bandwidth of third-party services used to store Works used by you or your Firm, and the devices used, among other factors. HD and 4K Ultra HD availability for certain Content depends on your internet service and device capabilities. The time it takes you to begin using Works may vary based on a number of factors, including your location, internet bandwidth, the number of devices simultaneously connecting to the same network, the Content you have selected, and the configuration of the device you are using. As a result, we are unable to make any warranties about the Site or the Services in these respects.
3.9 CERTAIN RESTRICTIONS. The rights granted to you under this Agreement, except as expressly stated or otherwise permitted in this Agreement, are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, customize, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you will not access the Site or Services in order to build or promote a similar or competitive service; and (d) no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of these Terms. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof. We reserve the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof. You acknowledge and agree that we will provide you only with commercially reasonable support or maintenance in connection with the Site or Services.
3.10 FEEDBACK. If you provide us with any feedback or suggestions regarding the Site or Services (together, the LightStanza Feedback), you hereby assign and agree to assign to us upon our request all rights in the LightStanza Feedback and agree that we shall have the right to use such LightStanza Feedback and related information in any manner we deem appropriate. We will treat any LightStanza Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary. If we provide you with any feedback or suggestions regarding your Works (Model Feedback), we hereby assign and agree to assign to your designees upon your written request all rights in the Model Feedback and agree that you will have the right to use such Model Feedback and related information in any manner you deem appropriate.
4 ADMINISTRATION. If your Account is administered or paid for by a Firm that has subscribed to our Services, you acknowledge and agree that (a) such Firm has designated one or more individual users of the Services with authority to act on its behalf and to bind the Firm (each, an Administrator) who may access administrative features of the Services by entering a confidential user ID and password created by following the instructions provided via the Service; (b) an Administrator may, depending on their designation and permissions given, have authority to access, review, modify and/or provide approvals on behalf of such Firm and Users affiliated with that Firm; and (c) your access to the Services and the Site, together with this Agreement, is subject to any agreements or licenses to between us and your Firm as presently in effect or as hereafter amended (the Master Agreement). In the event of a conflict between the terms of this Agreement and the Master Agreement, the terms of the Master Agreement will control.
5 SUBSCRIPTIONS AND BILLING.
5.1 FEES. While we may, from time to time, offer trial or free access to the Services, we charge fees to access certain premium Services. The Services may include different Content and features, with different benefits, conditions, and limitations. Your access to those premium Services, upon expiration of a trial period, is subject to payment of our fees by you or by your Firm. What’s more, if you provide a credit card or other payment method accepted by us (Payment Method) for a subscription, you expressly agree that we are authorized to charge a periodic subscription fee on a recurring basis corresponding to the terms of that subscription, any other fees for additional services purchased, and any applicable taxes in connection with use of such subscription to the Payment Method. If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, a Payment Method may be edited by logging in on the Site and changing account details. If a Payment Method is provided to access a subscription, including in connection with a free trial offer, the Site may attempt to verify the information entered. We may do this by processing an authorization hold, which is a standard practice. We will not charge you in connection with this authorization hold, if any. If a Payment Method expires and Payment Method information is not edited or the applicable Account cancelled, we may continue billing, and you will remain responsible for any uncollected amounts.
5.2 BILLING. As used in this Agreement, billing indicates either a charge or debit, as applicable, against a Payment Method. The subscription fee will be billed at the beginning of the subscription selected by you or your Administrator and at the start of each new Billing Period thereafter unless and until the applicable subscription, Account, or Services are otherwise suspended, modified, or discontinued pursuant to this Agreement.
5.3 TIMING OF BILLING. We may automatically bill the Payment Method provided on the calendar day corresponding to commencement of the applicable subscription and at the beginning of each new Billing Period, subject to maintenance of the applicable subscription. The interval of time between each payment due date shall correspond to the term of your subscription and be referred to herein as a Billing Period. If a subscription begins on a day not contained in a given month, we bill the Payment Method on the last day of such month. For example, if you or your Firm have a monthly subscription and either became a paying subscriber on January 31, the Payment Method would next be billed on February 28. The timing of billing and the amount billed each Billing Period may vary, including for example adjustments due to free trials and other promotional offers, digital coupon redemptions, credits applied, changes in subscriptions, changes in Payment Methods, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts.
5.4 PROMOTIONAL PRICING. If we offer you a promotion (e.g., a promotional price) for a subscription, the specific terms of the promotion will be disclosed during sign-up or in other materials provided in connection with the particular promotion. In the case of promotional pricing, after a promotion ends, we will begin billing the Payment Method at the regular price after that promotion ends unless the applicable subscription is cancelled prior to the end of the promotion or unless otherwise disclosed in communications made available to you or your Firm.
5.5 SUBSCRIPTION CHANGES. The terms of a subscription may be changed by us, including price and features, from time to time, effective as of the beginning of your next Billing Period following the date of the change. If we change the subscription fee or other charges for a subscription, we will provide advance notice of these changes to you or your Administrator. However, we will not be able to notify you of changes in any applicable taxes.
5.6 CREDITS. Very rarely, if there are special circumstances where we determine it is appropriate (e.g., access to the Site or some premium Services is unavailable for days due to technical difficulties), we may provide billing credits. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion, and the provision of credits in one instance will not entitle you or anyone else to credits in the future under similar or different circumstances.
5.7 TERM. Subscriptions will continue in effect on a recurring basis corresponding to the term of those subscriptions unless and until subscriptions are cancelled, or an Account or service is otherwise suspended or discontinued pursuant to this Agreement. Subscriptions must be cancelled before the next renewal date in order to avoid the next billing. We will bill the periodic subscription fee plus any applicable taxes to the Payment Method provided to us during registration (or to a different Payment Method if you change your account information). If you cancel your subscription, cancellation will be effective at the end of the current Billing Period – this means that you will have continued access to your subscription for the remainder of that period, but you will not receive a refund. You can cancel your subscription by logging into your Account and changing your settings within the Site. If you pay for the Services through your account with a third party (e.g., Apple iTunes) and want to cancel your subscription or manage your billing, you may need to do so through your account with such third party.
5.8 COLLECTIONS. It is important that you honor the payment obligations to which you agree. Accordingly, we reserve the right to retry billing your Payment Method after failed attempts (e.g., if your Payment Method is rejected). We also reserve the right to pursue any amounts you fail to pay in connection with your subscription for our Services, if any. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
5.9 FREE TRIALS. On occasion, we may offer free trials to a particular premium Service for certain qualifying users. If we offer you a free trial, the specific terms of your free trial will be stated in the material describing the particular free trial or during your sign-up. Certain limitations may exist with respect to combining free trials with any other offers. We reserve the right to determine eligibility for free trials. To view the specific details regarding your free trial, if any, log in on the Site and view your account details. Once your free trial period ends, we will begin billing your Payment Method for your periodic subscription fees (plus any applicable taxes), unless you cancel prior to the end of your free trial. For that reason, unless otherwise indicated in the free trial description, you may be asked to set up a valid Payment Method when redeeming a free trial offer. If you accept a free trial to a Service, at the end of the free trial, you may be charged a prorated amount for the Service to cover the period between the date the free trial ends and your next Billing Period begins.
5.10 END OF FREE TRIAL. It is very important to understand that you will not receive a notice from us that your free trial has ended and that payment for premium Services is due. If you wish to avoid charges to your Payment Method, you must cancel your subscription prior to midnight Mountain Time on the last day of your free trial period. You may cancel your subscription at any time as described in this Agreement. We will continue to bill your Payment Method for your subscription on a recurring basis corresponding to the term of your subscription until you or your Firm cancel or the account or applicable aspect of the Services is otherwise suspended or discontinued pursuant to this Agreement. To the extent subscriptions are offered in conjunction with purchases of, or payment for, third party products or services, you agree that we will not be liable to you for any claims arising out of or related to your purchase or use of such third-party products or services. If you cancel your subscription during a free trial or while using a promotional code or other credits, cancellation may be effective immediately.
6 ACCEPTABLE USE POLICY.
6.1 PRIVACY. You agree that you will only use the personal information of other Users made available to you for the purposes of interacting with them in relation to the Services, if any. You must not use their personal information for any other purpose, including for marketing purposes.
6.2 WORKS. You agree not to use the Site or Services with any of Your Content or to provide any products or services that (a) violates any third-party right, including any IPRs or proprietary rights; (b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) is in violation of any laws, or obligations or restrictions imposed by any third party.
6.3 REVIEW. We reserve the right (but have no obligation) to review any of Your Content, investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying Your Content, terminating your account, and/or reporting you to law enforcement authorities) if you violate any provision of this Agreement or otherwise create liability for us or any other person.
7 LIMITATIONS ON LIABILITY.
7.1 DISCLAIMER. Your access to and use of the Services or the Site is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, SIPPLETS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no representations or warranties of any kind with respect to the Site or the Services, including any representation or warranty that the use of the Services or the Site will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. We also make no representations or warranties of any kind with respect to Works; Collaborative Works are provided by and are solely the responsibility of, the Authors providing those Collaborative Works. No advice or information, whether oral or written, obtained from us or through the Services, will create any warranty not expressly made herein.
7.2 RELEASE. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and release, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions or transactions of you with, or act or omission of you in relation to other Users, including Purchasers and Authors.
If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
7.3 LIMITATION ON LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER LIGHT FOUNDRY NOR ITS AFFILIATES WILL BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE OR THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY OF YOUR CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SIPPLETS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF LIGHT FOUNDRY AND ITS AFFILIATES FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS (US $100.00) OR THE AMOUNT PAID US TO USE THE APPLICABLE SERVICE(S).
7.4 THIRD PARTY MATERIALS. The Site may display, include, or make available third-party content (including data, information, applications, templates, Products, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (Third Party Materials). You acknowledge and agree that we are not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
8 NO GUARANTEE OF RESULTS; DESIGN DECISIONS. We will not be liable for any action or failure to act by you or others as a result of the output or recommendations obtained by you or your Firm in connection with the Site. You are solely responsible for determining the suitability of any course of action and any selection of Products or changes to Designs. We do not guarantee the results of any program or suggested action plan and are not dispensing professional advice. You acknowledge and agree that we do not (a) make engineering determinations, (b) provide, direct, or control the provision of services, (c) provide any advice, recommendations, interpretation, or application of the reports, output, or other representations of information produced by or resulting from the Site. You further acknowledge and agree that you will be solely responsible for (a) analyzing, interpreting, or applying any report, output, or other representation of data produced by or resulting from the Site, (b) providing all professional advice, and (c) taking all actions related to or arising from any report, output, or other representation of data produced by or resulting from the Site.
9 TERMINATION. Either party may terminate this Agreement upon 30 days’ advanced written notice to the other party. We may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. In particular, we may immediately terminate or suspend Users that have repeatedly violated the provisions of this Agreement, as determined in our sole discretion. Upon termination of your access to or ability to use a Service, including but not limited to suspension of your access to a Service, your right to use or access that Service and any Content on the Site will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to us or any third party.
10 MODIFICATIONS TO THIS AGREEMENT. We reserve the right to modify this Agreement by (1) posting a revised version of this Agreement on the Site; and (2) providing notice to you that this Agreement has changed, generally through the Services. You are responsible for reviewing and becoming familiar with any modifications to this Agreement. We may sometimes ask you to review and to explicitly agree to (or reject) a revised version of this Agreement. In such cases, modifications will be effective at the time of your agreement to the modified version of this Agreement. If you do not agree at that time, you are not permitted to use the Services.
11 UPDATES. We may from time to time in our sole discretion develop and provide updates to the Site, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, Updates). Updates may also modify or delete in their entirety certain features and functionality, or change your Design. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of this Agreement.
12 LAW AND FORUM FOR LEGAL DISPUTES. This Agreement is governed in all respects by the laws of the State of Colorado, without regard to conflict of law provisions. You agree that any claim or dispute you may have against us may be resolved in a state or federal court with jurisdiction in Boulder County, Colorado except as otherwise agreed by the parties.
13 PRESS RELEASES; MARKS. The parties may create and disseminate a mutually acceptable press release announcing the relationship between the parties. During the term of the Agreement, either party may issue a press release regarding notable transactions or achievements involving the Services, with the non-issuing party’s prior written consent, such consent not to be unreasonably conditioned, delayed or withheld. We may use exact copies of your Firm’s trade and service marks (the Marks) to disclose that your Firm has purchased the Services so long as those disclosures are not obscene, pornographic, disparaging, defamatory, slanderous, or libelous to your Firm or its affiliates. Any references to the Firm will use the full name of the entity using the Services and a statement indicating such references are used with permission. Upon reasonable prior notice from your Firm, we will (a) conform use of the Marks to the then-current trademark usage policies of your Firm, or (b) remove the Marks from our Site at your request.
14 DMCA. We have adopted the following policy toward copyright infringement on the Services in accordance with the Digital Millennium Copyright Act (the DMCA). The address of our designated agent for copyright takedown notices (Designated Agent) is listed below. You may submit a notice under the DMCA using the copyright notice form referenced in Section 11.1 below.
14.1 REPORTING INFRINGEMENT. If you believe that Content residing or accessible on or through the Services infringes a copyright, please send a notice of copyright infringement to the Designated Agent via email to email@example.com (subject line: “DMCA Takedown Request”). Such notice must contain: (a) a description of the copyrighted work that you claim has been infringed and a description of where such work is located on the Site; (b) your name, address, telephone number, and e-mail address; (c) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (d) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest. Please also note that the information provided in a notice of copyright infringement may be forwarded to a User who posted the allegedly infringing content. After removing material pursuant to a valid DMCA notice, we will immediately notify the User responsible for the allegedly infringing material that it has removed or disabled access to the material. We will terminate, under appropriate circumstances, the accounts of Users who are repeat copyright infringers, and reserve the right, in our sole discretion, to terminate any User for actual or apparent copyright infringement.
14.2 DMCA COUNTER-NOTIFICATION. If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with us by sending a notice of copyright infringement to the Designated Agent via email to firstname.lastname@example.org (subject line: “DMCA Counter-Notification”). Your counter notification must contain: (a) a description of the copyrighted work that you claim has been infringed and a description of where such work is located on the Site; (b) your name, address, telephone number, and e-mail address; (c) a statement by you, made under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (d) an electronic or physical signature of you or a person authorized to act on your behalf Upon receipt of a valid counter-notification, we will forward it to the User who submitted the original DMCA notification. Such submitter (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If we do not receive any such notification within ten (10) days, we may restore the material to the Services.
14.3 DESIGNATED AGENT. Our Designated Agent is as follows:
Light Foundry, LLC, 210 Arapahoe Avenue, Boulder, CO 80302.
15 ASSIGNMENT. Your rights and obligations under this Agreement may not be transferred, assigned, or novated by you, whether by merger or otherwise, without our express and prior written consent, which consent will not be unreasonably withheld.
Last Revised: September 5th, 2018