Revised as per September 27 2013
Commercial use requires a separate agreement. Commercial License details will be specified in the Product Sheet and the license will be regulated by RoomSketcher General Commercial Terms and Conditions.
You acknowledge that (a) the RoomSketcher Services contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) RoomSketcher, or its licensors where applicable, owns all right, title and interest in and to the RoomSketcher Services and software provided through or in conjunction with the RoomSketcher Services, including without limitation all Intellectual Property Rights therein and thereto. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
Subject to the terms and conditions contained herein, we hereby grants you a personal, limited non-exclusive, non-transferable license (without any rights to sub-license) to use, access and download the RoomSketcher Services, provided that: (i) your use of the RoomSketcher Services as permitted is solely for your personal, non-commercial use; (ii) with the exception of your User Content (as defined below), you will not use, copy, modify, sell, distribute, publicly display, transmit, revise, reverse engineer, upload, republish, post or create derivative works (where applicable) of the trade-marks, trade names, service marks, logos, information, software or other material or content or any part of the RoomSketcher Services (collectively, the ‘Content’) without RoomSketcher’s prior written authorization; (iii) you will not alter or modify any of the Content other than as may be reasonably necessary to use the RoomSketcher Services for its intended purpose; and (iv) you otherwise comply with the terms and conditions of the Agreement.
You agree to comply with all local laws and regulations regarding the use, download and/or installation of the RoomSketcher Services.
You agree not to use or launch any automated system, including without limitation, ‘data mining’, ‘robots,’ ’spiders,’ ‘offline readers,’ and similar data gathering or extraction methods. Notwithstanding the foregoing, we grants the operators of public search engines permission to use spiders to copy Content for the sole purpose of creating publicly available searchable indices of the Content, but not caches or archives of such Content. We reserve the right to revoke these exceptions either generally or in specific cases.
You agree not to upload, post, transmit, share, store or otherwise make publicly available on the RoomSketcher Services any private information of any third party, including, addresses, phone numbers, email addresses, and credit card numbers. You also agree not to upload, post, transmit, share 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
You agree not to collect or harvest any personally identifiable information, including account names, email addresses, or any other contact information, whether to privacy laws or not, from the RoomSketcher Services, nor to use the communication systems provided by the RoomSketcher Services for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the RoomSketcher Services with respect to User Content (as defined below).
You agree not to use the RoomSketcher Services to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
equipment; to intimidate or harass another; or to use or attempt to use another’s account, service or system without authorization from RoomSketcher, or create a false identity on the RoomSketcher Services.
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the RoomSketcher Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libellous, defamatory or otherwise unlawful material. RoomSketcher reserves the right to decide whether User Content (as defined below) is appropriate and complies with this Agreement for violations of third party intellectual property rights, intellectual property law and other violations, including, without limitation pornography, obscene or defamatory material. RoomSketcher reserves the right, in its sole discretion, at any time and from time to time, to remove any User Content and/or terminate a User’s access for any such violations or other violations of this Agreement, without prior notice. RoomSketcher does not endorse any User Content or any opinion, recommendation, or advice expressed therein.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the RoomSketcher Services (“Submissions”), provided by you to RoomSketcher are non-confidential and shall become the sole property of RoomSketcher. RoomSketcher shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
In order to access some features of the RoomSketcher Services, you must create a personal account. You may create an account on the registration page on RoomSketcher’s web site. Once you have created an account, you will be a “Registered User.” Registered Users are limited to one free account per person. You may never use another person’s account. When creating your account, you must provide complete and accurate information. You are solely responsible for any activity that occurs on your account, and you must keep your account password secure. You must notify RoomSketcher immediately of any breach of security or unauthorized use of your account. Although RoomSketcher will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of RoomSketcher or others due to such unauthorized use. You may terminate your account at any time, for any reason.
You shall be solely responsible for your own user content (the “User Content”) and the consequences of posting or publishing them. In connection with User Content, you confirm, represent and warrant that: (1) you own or have the necessary licenses, rights, consents and permissions to use and to authorize RoomSketcher to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the RoomSketcher Services and this Agreement; and (ii) you have the written consent, release and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the RoomSketcher Services and this Agreement.
Subject to RoomSketcher’s existing ownership rights and any other right granted to RoomSketcher herein, RoomSketcher does not claim any ownership rights in any User Content that you choose to post to the RoomSketcher Services. After posting User Content to the RoomSketcher Services, you continue to retain all ownership or license rights in your User Content and you continue to have the right to use your User Content as you did prior to such posting. However, by posting or making User Content available through the RoomSketcher Services, you hereby grant to RoomSketcher an unrestricted, non-exclusive, royalty-free, irrevocable, transferable, worldwide license to use, copy, modify, prepare derivative works from, distribute, publicly and display (whether by means of a digital transmission or otherwise) and process your User Content, or any part of it, solely on and through the RoomSketcher Services, including without limitation (i) adapting the format of your User Content for suitable display on the RoomSketcher Services; and (ii) displaying, in RoomSketcher’s sole discretion, your public User Content in search results generated by RoomSketcher’s search engine. In addition, where you have made your User Content public, posted a link to your User Content on another website or otherwise shared a link to your User Content, you grant to RoomSketcher an unrestricted, non-exclusive, royalty-free, irrevocable, worldwide right to sublicense the right to copy, modify, prepare derivative works from, and distribute your User Content as necessary to perform the RoomSketcher Services. In connection with the above license, you provide your consent for RoomSketcher personnel, including RoomSketcher contractors and service providers, to view your User Content at any time for the purpose of providing the RoomSketcher Services and filtering content that violates this Agreement.
RoomSketcher does not control the User Content in Registered Users’ accounts and does not have any obligation to monitor such User Content. However, regardless of whether the User Content is public or private, you agree that RoomSketcher may monitor such User Content at any time, for any reason.
RoomSketcher may send to the Registered Users any information related to the RoomSketcher Services that RoomSketcher finds appropriate.
The RoomSketcher Services contain (or you may be sent through the RoomSketcher Services) links and hyperlinks to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items made by, belonging to or originating from third parties (the “Third Party Applications, Software or Content”). The RoomSketcher Services also contains advertising from third parties (the “Third Party Advertising”). Such Third Party Sites, Third Party Applications, Software or Content or Third Party Advertising are not investigated, endorsed, monitored or checked for accuracy, appropriateness, or completeness by us and we are not responsible for any Third Party Sites accessed through the RoomSketcher Services or any Third Party Applications, Software or Content or any Third Party Advertising posted on, made available through or installed from the RoomSketcher Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites, the Third Party Applications, Software or Content or the Third Party Advertising.
We are not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by third parties. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the RoomSketcher Services and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the RoomSketcher Services or relating to any applications you use or install from a Third Party Site.
You agree to hold harmless and indemnify RoomSketcher and its subsidiaries, affiliates, directors, officers, agents, contractors, partners and employees from and against any claim, suit or action, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees, of every kind and nature, arising from or in any way related to your use of the RoomSketcher Services, any Content, any User Content, any Third Party Applications, Software or Content, any Third Party Advertising and any other conduct by you in connection with the RoomSketcher Services or with other users of the RoomSketcher Services or any violation by you of this Agreement or of any law or the rights of any third party,
You expressly understand and agree that:
You expressly understand and agree that RoomSketcher shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if RoomSketcher has been advised of the possibility of such damages) resulting from:
Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations in Sections 10 and 11 which are lawful in your jurisdiction will apply to you and RoomSketcher’s liability will be limited to the maximum extent permitted by law.
RoomSketcher may, in its sole discretion, from time to time and at any time, change, modify, suspend or terminate the RoomSketcher Services, your membership, or any other services included on or through the RoomSketcher Services for any reason and without notice.
The provisions of Sections 2, 3, 4, 5, 6, 9, 10, 11 and 12 shall survive any termination or expiration of these Terms and Conditions.