Last Modified on October 27, 2015
PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
Welcome to SpaceView. We offer design visualization services to help you visualize a virtual object in a real space, and further share your designs.
1. Amendments and Changes
3. Copyright, Trademark and No Unauthorized Use of 3D Product Models
You agree that SpaceView’s 3D rendering designs of products and various objects (the “3D Product Models”) are proprietary content that are owned by SpaceView and/or its agents or licensors, and are protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use the 3D Product Models in any way whatsoever that is inconsistent with the terms of this Agreement or that infringes any intellectual property rights of a third party or SpaceView. No portion of the 3D Product Models may be reproduced in any form or by any means.
You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the 3D Product Models, in any manner, and you shall not exploit the 3D Product Models in any unauthorized way whatsoever, including but not limited to, using the 3D Product Models in any way without SpaceView’s express permission in connection with SpaceView’s Services. Unless agreed to in writing by SpaceView, You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the 3D Product Models; reverse engineer the 3D Product Models; insert any code or product or manipulate the content of the SpaceView Services in any way; or, use any data mining, data gathering or extraction method on the SpaceView Services.
You hereby agree that SpaceView would be irreparably damaged if the 3D Product Models were used in any way inconsistent with this Agreement, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies, including permanent injunctive relief, in addition to such other remedies as we may otherwise have available to us under applicable laws. You agree that unauthorized use of the 3D Product Models may subject yourself to further civil and criminal penalties, including monetary damages. Additionally, photographs and other materials on the SpaceView Services belong to or are licensed to SpaceView, and are protected by United States and foreign copyright laws. Products and Services on the Site and SpaceView Services and other marks are protected by United States trademark laws. Other trademarks, service marks, graphics, and logos are the trademarks of their respective owners.
Certain materials may also be protected by design patents. If you use the materials or trademarks on the SpaceView Services in a way that is not allowed by this Agreement, you are violating the Agreement and may also be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use the SpaceView Services. Title to the materials remains with us or with the authors of the materials contained on the SpaceView Services. All rights not expressly granted are reserved.
4. Image Submissions
The SpaceView Services offer interactive features that allow you to submit materials (including photographs of rooms) on the mobile application, forums, and Site accessible and viewable by other users of the SpaceView Services and the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene or objectionable. You also agree that you have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials on the SpaceView Services. You hereby grant SpaceView a worldwide, royalty-free, nonexclusive license to use such materials without any compensation or obligation to you. SpaceView reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability.
5. Limited License, Access, and Accounts
5.1. Limited License. SpaceView grants you a non-exclusive, non-transferable, revocable, limited license, subject to all limitations provided herein, to access and use the SpaceView Services using a personal computer or a mobile device only for personal and non-commercial use solely in accordance with the terms of this Agreement. Except for the foregoing limited license, no right, title or interest shall be transferred to you. This license does not allow you to use the 3D Product Models in any manner except in connection with the SpaceView Services design visualization tool.
5.2. Eligibility. You represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside. Children under the age of 13 are not allowed to use the SpaceView Services or to create an account.
5.3. Account. To access certain portions of the SpaceView Services, you may be required to create an account through the Site (an “Account”). You agree that you shall not create an Account or access the SpaceView Services if you (i) are under the age of 13, (ii) if you have previously been removed by SpaceView or banned from using the SpaceView Services, (iv) are located in a country embargoed by the United States or (v) are on the U.S. Treasury Department’s list of Specially Designated Nationals.
5.4. Account Security. You are entirely responsible for maintaining the confidentiality of your Account username and password. You agree to notify SpaceView immediately if you believe that your Account username and/or password have been compromised.
5.5. Rules Related to SpaceView Account Names. When you create an Account, you will have to create a username. Your username may be visible to other users. When you choose an Account name, or display name or otherwise create a label or image that can be seen by other users of the SpaceView Services, including, without limitation, usernames (each a “User Identifier”), you must abide by the rules of common decency. If SpaceView finds a User Identifier to be offensive or improper, or believes a User Identifier is or may be illegal, it may, in its sole and absolute discretion, change the User Identifier, remove the User Identifier, and/or suspend or terminate your SpaceView Account.
5.6. User Rules. As a condition of use, you promise that, in connection with your use of the SpaceView Services, you will not:
(a) Violate any applicable law, regulation, or contract;
(b) Without limiting the foregoing, make available through the SpaceView Services any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
(c) Misrepresent yourself in any way;
(d) Make any false, misleading, or inaccurate statements;
(e) Use language that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, unlawful, or invasive of another’s privacy; (f) Impersonate any person or entity, including any employee or representative of SpaceView; or (g) License or create derivative works from any information or content obtained from the SpaceView Services.
SpaceView reserves the right to permanently suspend or terminate your Account and your access to the SpaceView Services or seek appropriate injunctive or monetary relief if it suspects that you have violated any of the User Rules of the SpaceView Services.
If you have a valid and active Account, you may post communications and other content to the forums section of the SpaceView Services (the “Forums”). You agree to abide by the User Rules above. You understand that much of the information included in the Forums is from other users who are not employed by or under the control of SpaceView. You further acknowledge that users participating in the Forums may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or even unlawful. SpaceView neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed in the Forums by you or the other users. The opinions expressed in the Forums reflect solely the opinions of you and/or the other users and do not reflect the opinions of SpaceView. SpaceView is not responsible for any errors or omissions in postings, for hyperlinks embedded in messages or for any results obtained from the use of the information contained in the Forums. Under no circumstances will SpaceView be liable for any loss or damage caused by your reliance on the information in the Forums or your use of the Forums. You should be aware that, when you disclose information about yourself in a Forum, the information is being made publicly available and may be collected and used by other users. When you disclose any information in a Forum, you do so at your own risk. SpaceView reserves the right to, but has no obligation to, monitor the Forums, or any postings or other materials that you or other players transmit or post on the Forums, to alter or remove any such materials, and to disclose such materials and the circumstances surrounding their transmission to any third party.
7. Links to Other Websites
The SpaceView Services may contain links to websites operated by other parties. SpaceView provides these links to other websites as a convenience, and use of those sites is at your own risk. The linked sites are not under the control of SpaceView, and SpaceView is not responsible for the content available on the other sites. Such links do not imply SpaceView’s endorsement of information or material on any other site and SpaceView disclaims all liability with regard to your access to and use of such linked websites.
8. Software Updates
In an effort to improve the Service, SpaceView may update its SpaceView Services, including its Apps and software, without notifying you.
9. Fees and Payments
9.1. Fees and Payments. Some aspects of the SpaceView Services require you to pay a fee. For example, you may purchase personal design consultations and/or physical products through the SpaceView Services. You agree to pay all fees, payments and applicable taxes incurred by your Account you used to access the SpaceView Services. You acknowledge and agree that all information provided with regards to a purchase, including, without limitation, credit card or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice, to (i) discontinue or limit the available quantity of any product or aspect of the SpaceView Services, (ii) honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; and (iii) refuse to allow any user to purchase a product or deliver any product to a user. When you purchase products through the SpaceView Services, you (a) agree to pay the price for such products set forth in the SpaceView Services, all shipping and handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”) and (b) authorize SpaceView to charge your credit card or other payment method for the Full Purchase Amount. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
9.2. Return and Refund Policy. There are no refunds or returns for the purchase of SpaceView products.
9.3. Changes to Products and Pricing. SpaceView may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of the SpaceView Services or any products or services sold through the SpaceView Services. The inclusion of any products made available through the SpaceView Services at a particular time does not imply or warrant that these products will be available at any other time. SpaceView reserves the right to change prices for products displayed on the SpaceView Services at any time, and to correct pricing errors that may inadvertently occur. All such changes shall be effective immediately upon posting of such new product prices to the Site.
9.4. Order Acceptance/Confirmation. Once we receive your order, we will provide you with an email order confirmation. Your receipt of an order confirmation, however, does not signify SpaceView’s acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. SpaceView reserves the right at any time after receiving your order to accept or decline your order for any reason. If SpaceView cancels an order after you have already been billed, then SpaceView will refund the billed amount.
11. Notice for Claims of Copyright Infringement.
If you are a copyright owner or agent thereof and believe that content posted on the SpaceView Services by a user infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the URL of the location on our website containing the material that you claim is infringing;
(d) your address, telephone number, and email address;
(e) 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; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent can be reached by mail at: SpaceView, ATTN: Copyright Agent, 1916 NE 9th Ave. Portland, OR 97212; or by email at email@example.com. Please note that attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
The SpaceView Services are operated by SpaceView in the United States. Those who choose to access the SpaceView Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.
13. DISCLAIMER OF WARRANTIES
THE SPACEVIEW SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SPACEVIEW MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SPACEVIEW SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SPACEVIEW SERVICES IS AT YOUR SOLE RISK. SPACEVIEW DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SPACEVIEW SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SPACEVIEW SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SPACEVIEW SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
14. Limitation of Liability; SOLE AND EXCLUSIVE REMEDY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPACEVIEW, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIM ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SPACEVIEW SERVICES, EVEN IF SPACEVIEW AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPACEVIEW IS NOT LIABLE FOR ANY INTERRUPTION OF SERVICE. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF SPACEVIEW OR ANY OF THE RELATED PARTIES EXCEED THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of SpaceView and its affiliates shall be limited to the fullest extent permitted by law.
You agree to indemnify, hold harmless and defend SpaceView and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents, network service providers, business partners and licensors at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by SpaceView arising out of or relating to your (a) violation or breach of any term of this Agreement or any policy or guidelines referenced herein, including any unauthorized disclosure of personal or confidential information or (b) use or misuse of the SpaceView Services.
16. Dispute Resolution and Governing Law
This Agreement is governed by, and will be construed under, the laws of the United States of America and the law of the State of Oregon, without regard to conflict of law principles. Except as provided in Section 17 below (and claims proceeding in any small claims court), all disputes arising out of or related to your use of the SpaceView Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Multnomah County, Oregon and you agree to submit to the personal jurisdiction and venue of such courts. You are responsible for compliance with all local laws if and to the extent local laws are applicable.
17. Binding Arbitration
(a) Arbitration Procedures. You and SpaceView agree that, except as provided in Section (d) below, all disputes, controversies and claims related to this Agreement (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Binding Arbitration Section and the JAMS Rules, the terms in this Binding Arbitration Section will control and prevail.
Except as otherwise set forth in Section (d) below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (i) you and SpaceView may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND SPACEVIEW WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
(b) Location. The arbitration will be conducted in the County of Multnomah, Oregon, unless the parties agree to video, phone and/or internet connection appearances.
(c) Limitations. You and SpaceView agree that any arbitration shall be limited to the Claim between SpaceView and you individually. YOU AND SPACEVIEW AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
(d) Exceptions to Arbitration. You and SpaceView agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or SpaceView’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
(e) Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
(f) Severability. You and SpaceView agree that if any portion this Section is found illegal or unenforceable (except any portion of Section (d)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section (d) is found to be illegal or unenforceable, then neither you nor SpaceView will elect to arbitrate any Claim falling within that portion of Section (d) found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the County of Multnomah, State of Oregon, United States of America, and you and SpaceView agree to submit to the personal jurisdiction of that court.
18. Term and Termination
This Agreement is effective until terminated. SpaceView may terminate this Agreement with or without notice for any reason, or for no reason. You may terminate this agreement by discontinuing your use of the SpaceView Services and notifying SpaceView in writing.
Agreement Revisions. This Agreement may only be revised in writing by SpaceView, or published by SpaceView on the Site.
Force Majeure. SpaceView shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of SpaceView, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond SpaceView’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SpaceView as a result of this Agreement or your use of the SpaceView Services.
Assignment. SpaceView may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without SpaceView’s prior written consent, and any unauthorized assignment by you shall be null and void.
Severability. If any part of this Agreement is determined to be void, invalid or unenforceable, then that portion shall be severed, and the remainder of the Agreement shall be given full force and effect.
Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Equitable Remedies. You hereby agree that SpaceView would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the SpaceView Services and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the SpaceView Services.
Special Terms for Apple Users
1. Acknowledgement: SpaceView and you acknowledge that the EULA is concluded between SpaceView and you only, and not with Apple, and SpaceView, not Apple, is solely responsible for the Licensed Application and the content thereof.
2. Scope of License: The license granted to you for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any iPhone or iPod touch that you control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
3. Maintenance and Support: SpaceView is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the EULA, or as required under applicable law. SpaceView and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
4. Warranty: SpaceView is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The EULA provides that, in the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be SpaceView’s sole responsibility.
5. Product Claims: SpaceView and you acknowledge that SpaceView, not Apple, is responsible for addressing any claims of you or any third party relating to the Licensed Application or you’re possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
6. Intellectual Property Rights: SpaceView and you acknowledge that, in the event of any third party claim that the Licensed Application or you’re possession and use of that Licensed Application infringes that third party’s intellectual property rights, SpaceView, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance: You must represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Name and Address: Any questions, complaints or claims with respect to the Licensed Application should be SpaceView at firstname.lastname@example.org, or postal address at 1916 NE 9th Ave. Portland, OR 97212, or by telephone at (888) 526-3990.
9. Third Party Beneficiary: SpaceView and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.