Terms of Service
Builtdesign ("Builtdesign", "we" or "us") is pleased to provide you with access to the Builtdesign network and other online features, services and programs (collectively, the "Website").
Builtdesign is provided subject to acceptance of all the following terms and conditions (this "Agreement"), including the Privacy Policy available at [insert link]. By using the Website, you agree to comply with and be bound by this Agreement, which we may change at any time. Please read this Agreement carefully, and check these terms and conditions periodically for changes. If you do not agree to any portion of this Agreement, you should not access or otherwise use the Website.
Summary of Service
Builtdesign 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). User Content, unless otherwise noted, includes architectural designs submitted by Designers during a Competition ("Design Submissions").
Conditions on Using the Website
This site may only be accessed by Users who are members of the Builtdesign Network and have (a) registered for the Website and paid all fees due to Builtdesign, if any, in connection therewith; and (b) obtained a valid password to access the Website from us. Further, you agree to the following:
- 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.
- Except as expressly provided in the case of User Content, Site Content and other content of the Website are proprietary to us or to third parties.
- 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 Builtdesign.
- 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.
- 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.
User Account, Password and Security
1. 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.
2. 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 Builtdesign has reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, Builtdesign has the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
Warranty Disclaimers and Limitations of Liability
1. Disclaimer of Warranties
Builtdesign 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.
2. Indemnification
You agree to indemnify and hold Builtdesign and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys' fees) assessed or incurred by Builtdesign, directly or indirectly, with respect to or arising out of: (i) your failure to comply with this Agreement; (ii) your breach of your obligations under this Agreement; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; (iv) your violation of any third party right, including without limitation any intellectual property, property, or privacy right, and including claims between Clients and Designers; and/or (vi) any claim that any of your User Content caused damage to a third party.
3. Disclaimer of Warranties
BUILTDESIGN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Third Party Content
The Website may contain hyperlinks to other websites maintained by third parties, or Builtdesign 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 BUILTDESIGN'S CONTROL AND BUILTDESIGN IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE.
User Content
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. Builtdesign 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 Builtdesign's control and Builtdesign is not responsible for such User Content.
You retain all of your ownership rights in your User Content. However, by submitting User Content to Builtdesign, you hereby grant Builtdesign, 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.
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.
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.
You agree to not use the Website to upload, post, transmit or make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of privacy, hateful, or racially/ethnically objectionable. Additional prohibited activities related to User Content are outlined in this section.
Builtdesign reserves the right to remove any User Content that violates this Agreement or is otherwise objectionable, in its sole discretion. Builtdesign may disclose User Content if required to do so by law or in good faith belief that such disclosure is necessary.
Digital Millennium Copyright Act
Builtdesign complies with the Digital Millennium Copyright Act's provisions applicable to internet service providers. Detailed instructions for submitting copyright infringement notices and counter-notices are provided in this section.
Copyright and Trademarks
The trademarks, service marks and logos used on the Website are registered and unregistered trademarks and service marks of Builtdesign or third parties. Site Content is copyright protected and the property of Builtdesign or its licensors. Unauthorized use of such content is prohibited.
Local Laws
Builtdesign makes no representation that Site Content is appropriate or available for use outside India. You are responsible for compliance with local laws if accessing the Website from other jurisdictions. This Agreement shall be governed by and construed in accordance with the laws of India.
Taxes and Reporting
Each User is solely responsible for satisfying all tax, reporting and legal requirements under applicable law related to purchase and sale of services through the platform.
Termination of Service
We may terminate your User Account or access to the Website at any time, without notice, for conduct that we believe violates this Agreement or is harmful.
Customer Comments
Any comments, ideas or suggestions submitted through the Website ("Service Comments") shall be deemed the sole property of Builtdesign, with no obligation of confidence. Builtdesign will be entitled to unrestricted use of such Service Comments.
Modifications
Builtdesign reserves the right to modify this Agreement or aspects of the Services at any time, with or without notice. Your continued use after any modifications signifies acceptance.
Severability
If any provision is determined to be invalid or unenforceable, the remaining provisions shall be interpreted to reasonably effect the intent of the parties. Invalid provisions shall be replaced to achieve the business purposes and intent.
Waiver
No waiver of any term shall constitute a further waiver. Only written waivers signed by both parties shall be enforceable.
Your Consent
This Agreement, the Privacy Policy, and legal notices on the Website constitute the entire agreement between you and Builtdesign concerning the Website. By accessing and using the Website, you consent to be bound by the terms of this Agreement.
If you have any questions or comments, please contact us at [admin@builtdesign.in].
