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TERMS AND CONDITIONS

Archipedia Website and content End User License Agreement, License Grant from Vendor to Archipedia, License Agreement between Vendor and Member, and General Terms.

DEFINITIONS:

• “Content” refers to any material published at Archipedia/3D-Pedia including but not limited to models, textures, designs, company logos, scripts, frequently asked questions, words, and any copyrighted material deposed here within.

• “Member” refers to any person who creates a user account at Archipedia and/or 3D-Pedia.

• “Vendor” refers to the submitting individual or business who publishes content at Archipedia and/or 3D-Pedia.

• “Affiliate” means an entity with which Archipedia and/or 3D-Pedia have entered into a sales affiliate relationship.

• “Membership Services” refers to transmission and/or purchase of content to and from Archipedia and/or 3D-Pedia via the Archipedia and/or 3D-Pedia Website, or any approved web portal either currently in existence or in the future.

• For the purposes of this agreement, Archipedia and/or 3D-Pedia and OG International can be used interchangeably.

• “USER TYPE” refers to a pay one price package of Content downloads designated by the user plan type paid for.

ARCHIPEDIA AND 3D-PEDIA END USER LICENSE AGREEMENT

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE ARCHIPEDIA AND/OR 3D-PEDIA WEBSITE(S), ALONG WITH ANY ACCOMPANYING DOCUMENTATION, AND THE TERMS AND CONDITIONS OF THE ARCHIPEDIA AND/OR 3D-PEDIA MEMBERSHIP SERVICES. YOUR USE OF ARCHIPEDIA AND/OR 3D-PEDIA MEMBERSHIP SERVICES MEANS THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS YOU SHOULD NOT USE THE ARCHIPEDIA AND/OR 3D-PEDIA MEMBERSHIP SERVICES. BY DOWNLOADING, COPYING, UPLOADING AND MODIFYING OBJECTS AND/OR CONTENT FROM AND ON TO THE WEBSITE, OR OTHERWISE USING ARCHIPEDIA AND/OR 3D-PEDIA’S MEMBERSHIP SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDETSTAND THEM, AND AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE ARCHIPEDIA AND/OR 3D-PEDIA’S MEMBERSHIP SERVICES. Archipedia and/or 3D-Pedia content End User Terms:

• OWNERSHIP OF CONTENT:

All downloaded content is for render use and integration for use with existing projects with the user intent of applying the vendor’s product. Any malicious use of the content and/or models such as manufacture via a third party is strictly prohibited. Vendor’s on this site are notified of downloaded content for their marketing and follow up. Archipedia and/or 3D-Pedia reserve the right to inform vendor’s and/or members of malicious use of content and terminate membership of the malicious user immediately and without any prior notice and/or refund of membership and/or credits already paid. The content uploaded remains the property of the vendor which uploaded the object. Any reproduction of their objects are strictly prohibited without the express written consent of the vendor. Archipedia and/or 3D-Pedia is a marketing medium between vendors and architects and designers and cannot be held responsible for any malicious use of posted content.

• TERMINATION:

Arhipedia and/or3D-Pedia reserves the right, to terminate the agreement at any time and without notice if any content submitted violates copyright laws. This agreement may be terminated at any time by either party upon written notice via email or regular post. Nothing in this agreement shall be construed to mean that a Vendor may not submit or delete content from the material submitted by such Vendor as part of general maintenance of such Vendor’s account.

• Representations and Warranties. The term “Type of Content” means any type of content, including, but not limited to: models, textures, scripts. You represent and warrant that

(a) the Content is your original work, and contains no copyrighted material of any kind that you are not the exclusive owner of, including but not limited to: images, models, scripts of any kind, writings of any kind, and model clearances/releases;

(b) you have full right and power to enter into and perform this agreement, and have secured all third party consents necessary to enter into this agreement;

(c) the Content does not and will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights;

(d) the Content does not and will not violate any law, statute, ordinance or regulation;

(e) the Content is not and will not be defamatory, libelous, pornographic, obscene pr evocative of racial hatred of any kind;

(f) the Content does not and will not contain any viruses or other programming routines that detrimentally interfere with computer systems or date;

(g) all factual assertions that you have made and will make to us are true and complete. You agree to indemnify and hold us and our customers harmless from any and all damages and costs, including reasonable attorney’s fees, arising out of or related to your breach of the representations and warranties described in this section. You agree to execute and delivery documents to us, upon our reasonable request, that evidence or effectuate our rights under this agreement.

• Determining the Type of Content.

We implement and maintain business practices which enable us to accurately categorize content that you deliver to us. If we make an error in good faith, however and consequently exceed our license rights, you sole and exclusive remedy will be for us to take all reasonable steps to promptly correct the error as soon as we become aware of the error.

• Disclaimer.

We provide our products and services related to this agreement “AS IS” WITHOUT WARRANTY OF ANY KIND. • WARRANTY. ARCHIPEDIA AND 3D-PEDIA MAKES NO WARRANTIES EITHER EXPRESS OR IMPLIED IN CONJUNCTION WITH ANY CONTENT PUBLISHED AT ARCHIPEDIA AND/OR 3D-PEDIA, WILL NOT BE LIABLE TO A VENDOR, MEMBER OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUANTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE ARCHIPEDIA AND/OR 3D-PEDIA WEBSITES, OR ANY CONTENT PUBLISHED AT ARCHIPEDIA AND/OR 3D-PEDIA, WHETHER FRAMED AS A BREACH OF WARRANTY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. VENDOR AGREES TO INDEMNIFY AND HOLD HARMLESS ARCHIPEDIA AND/OR 3D-PEDIA FOR ANY AND ALL CAUSES OF ACTION ARISING OUT OF THE SUBMISSION OF CONTENT TO ARCHIPEDIA AND/OR 3D-PEDIA.

• Deep Linking. You agree to refrain from the practive commonly referred to as “deep linking” whereby you use the content from Archipedia and/or 3D-Pedia with any other web site via active linking or data mining.

• Choice of Law. This agreement will be governed by Ontario law, excluding conflict of law principles. Any action or proceeding arising out of or related to this agreement must be brought in a provincial or federal court located in a Toronto, or GTA court, requests and other communications under this agreement must be in writing (e-mail messages shall be deemed writings).

• Notices. Any notice required by this Agreement or given in connection with it, shall be in writing and delivered by electronic mail to: studio@archi-pedia.com

• Agreement Subject to Change. Archipedia and/or 3D-Pedia reserves the right to change the terms of this agreement with or without notice at any time.

• Account Non-Transferability. Archipedia and/or 3D-Pedia Vendor and Member accounts may only be used by the licensee. They may not be transferred or accessed by any other party without the explicit written permission of Archipedia and/or 3D-Pedia.

 
 
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