Terms of Use

Welcome to the architectage Service, a social utility for hospitality and tourism industry professionals. The architectage Service (defined below) is operated by architectage, Inc. and its subsidiaries and affiliates ("us," "we" or "architectage"). By using or accessing the architectage Service, you agree that you have read, understand and are bound by these Terms of Use ("Terms"). We reserve the right, at our sole discretion, to change or delete portions of these Terms at any time without further notice. Your continued use of the architectage Service after any such changes constitutes your acceptance of the new Terms.

Privacy

We care about the privacy of our users and encourage you to read our Privacy.

Registration; Account Security

When you register for and use the architectage Service, you will be asked to provide information about yourself ("User Data"). Your User Data must be accurate and current at all times. You are solely responsible for maintaining the security of your account. This means, for example, that you may not share your password or let anyone else access your account. If you have reason to believe that your account is no longer secure, please let us know immediately.

Prohibited Conduct

By using or accessing the architectage Service, you represent, warrant and agree that you will not: * do anything that could disable, overburden or impair the proper working of the architectage Service; * use any robot, spider, scraper or other automated means to access the architectage Service; * send spam or any other unauthorized advertisements or solicitations through or using the architectage Service; * harvest, collect or use addresses, phone numbers or email addresses or other contact information (collectively "Contact Information") of users of the architectage Service without consent from such users; * solicit private information (including social security numbers, credit card numbers and passwords) from users of the architectage Service; * provide any false personal information in your profile, create more than one profile, transfer your profile, create a profile for anyone other than yourself or create a page without authorization; * use your profile (as opposed to a Page) for any commercial purpose; * offer any contest, sweepstakes, coupon or other promotion through the architectage Service without our prior written consent; * use an iFrame or offer web search functionality on the architectage Service; * intimidate or harass any user; * do anything that is illegal, infringing, fraudulent, malicious or could expose architectage or the architectage Service users to harm or liability; or * attempt, encourage or facilitate any of the above.

User Content

By using or accessing the architectage Service, you represent, warrant and agree that you will not Post: * User Content that violates the law or anyone's rights, including intellectual property ("IP") rights or other proprietary rights (such as rights of publicity and privacy); * any Contact Information or private information of any third party; * false, misleading or fraudulent information; * any material that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer or telecommunications equipment; * alcohol-related or other mature content on Pages on the architectage Service that have not set appropriate age based restrictions (based on the country in which the page will be viewable); or * User Content that is threatening, hateful, racially or ethnically offensive, or that depicts nudity, pornography or graphic or gratuitous violence, or anything else that we may consider offensive. architectage does not pre-screen, review, edit or approve any User Content. architectage may, in its sole discretion, remove or disable access to any User Content. "User Content" means any photos, text, link, audio, video, designs, ads and anything else that you Post on or through the architectage Service. "Post" means to upload, post, transmit, share, store, link to or otherwise make available on or through the architectage Service.

Your Privacy Practices

We respect the privacy rights of third parties, and you must do so as well on the architectage Service. If you collect, access or use information relating to any user of the architectage Service (including information contained in any user profile) you must obtain consent from the user and make it clear to the user that the collection, access and use is being carried out by you and not architectage.

Gift Credits

You must be authorized to use the credit card, debit card or other payment source ("Card") you provide to purchase gift credits. By purchasing gift credits, you authorize architectage or its designated payment processor to charge the purchase amount (plus any applicable tax) to your Card. By providing your Card account information to architectage, you authorize us to collect and store it and other related transaction information. When you purchase gift credits, you are purchasing only a limited license to use certain features on the architectage Service that will enhance your experience on the architectage Service, such as giving virtual gifts to your friends. Gift credits have no real value, are non-refundable and are not redeemable for any sum of money or monetary value from architectage at any time. architectage does not guarantee the transferability of gift credits. Gift credits may not be transferred to any third party outside of the architectage Service and may not be used as a means to transfer money to a third party. You agree that architectage has the absolute right to manage, regulate, control, modify and/or eliminate gift credits as it sees fit, and architectage will have no liability to you for exercising such rights.

Licenses

You are solely responsible for the User Content that you Post on or through the architectage Service. You hereby grant architectage an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any User Content you (i) Post on or in connection with the architectage Service or the promotion thereof subject only to your privacy settings or (ii) enable a user to Post, including by offering a Share Link on your website and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with the architectage Service or the promotion thereof. You represent and warrant that you have all rights and permissions to grant the foregoing licenses. If you own or control a website, you may place architectage's share link button, logo and/or text (a "Share Link"), including all trademarks therein, on your website for the sole purpose of enabling users to Post links or content from your website on the architectage Service. By offering a Share Link on your website, you agree, represent and warrant that you will not place a Share Link on any page containing content that would violate these Terms if Posted on the architectage Service. The rights granted in this paragraph may be revoked by us at any time in our sole discretion, and upon such termination, you will immediately remove all Share Links from your website.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information that you provide to architectage ("Submissions"), are non-confidential and non-proprietary. architectage will be entitled to the unrestricted use of any such Submission for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

User Disputes; Complaints

You agree not to hold architectage responsible or liable for the User Content or actions of third parties (including your interactions with users) on or relating to the architectage Service. This includes transactions conducted on the architectage Service as well as the collection, handling and sharing of personal information that you provide to third parties. If you have a dispute with a third party relating to the architectage Service, you release architectage and its directors, officers, employees and agents (collectively, the "architectage Entities") from any claims, causes of action and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you believe that the architectage Service or architectage's business practices are in any way unfair, fraudulent or unlawful, you agree to bring it to the attention of architectage's legal department. If you do not report the issue or continue using the service after discovering the issue, you expressly waive the right to claim that the architectage Service is unfair, fraudulent or unlawful with respect to that issue.

Copyright

1. We claim no intellectual property rights over the material you provide to the architectage service. Your profile and materials uploaded remain yours. You can remove your profile at any time by deleting your account. This will also remove any text and images you have stored in the system. 2. We encourage users to contribute their creations to the public domain or consider progressive licensing terms. 3. architectage undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following: 1. A physical or electronic signature of the copyright owner or the person authorized to act on its behalf; 2. A description of the copyrighted work claimed to have been infringed; 3. A description of the infringing material and information reasonably sufficient to permit architectage to locate the material; 4. Your contact information, including your address, telephone number, and email; 5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6. A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.

Claims can be sent to [email protected] Please allow 1-2 business days for an email response. Note that emailing your complaint to other parties such as our Internet Service Provider will not expedite your request and may result in a delayed response due the complaint not properly being filed.

Limitation on Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL architectage ENTITIES OR THEIR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE architectage SERVICE, THE architectage WEBSITES OR ANY APPLICATIONS, FEATURES, CONTENT OR THIRD PARTY MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE architectage SERVICE, EVEN IF architectage OR A architectage AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, architectage'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY TO YOU OF architectage ENTITIES OR OF THEIR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE architectage SERVICE, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER USERS OF THE architectage SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO architectage DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR $100, WHICHEVER IS GREATER.

Termination and Changes to the architectage Service

We may terminate your account on the architectage Service, delete your profile and any User Content you have Posted on or through the architectage Service, and/or prohibit you from using or accessing the architectage Service (or any portion thereof) for any or no reason, at any time in our sole discretion, with or without notice. Further, we reserve the right to change any aspect or feature of the architectage Service at any time without notice. The following sections will survive any termination of your use of the architectage Service: Prohibited Conduct, User Content, Your Privacy Practices, Gift Credits, Ownership; Proprietary Rights, Licenses, Submissions, User Disputes; Complaints, Indemnity, General Disclaimers, Limitation on Liability, Termination and Changes to the architectage Service, Arbitration, Governing Law; Venue and Jurisdiction and Other.