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Terms & Conditions

TERMS AND CONDITIONS

1. ACCEPTANCE

By using and/or visiting the Buildingbutler website (collectively, including but not limited to all Content, Uploads and User Submissions available through buildingbutler.com, also referred to as 'Buildingbutler' or 'the Website') you agree to the terms and conditions contained herin and the terms and conditions of Buildingbutler's privacy policy incorporated herin (collectively referred to as the 'Agreement'). By entering, you agree to be bound by these terms and conditions. If you do not agree to be bound the terms and conditions contained herein, then do not use buildingbutler.com.

Buildingbutler may make changes to the Terms of Service from time to time. You should check the Terms of Service regularly for changes. You understand and agree that if you use the services after the date on which the Terms of Service have changed, Buildingbutler will treat your use as acceptance of the updated terms of Service.

The terms and conditions contained herein apply to all users of Buildingbutler whether a 'visitor' or a 'subscriber'. You are only authorized to use buildingbutler.com if you agree to abide by all applicable laws and be legally bound by the terms and conditions of this agreement.

2. THE SERVICE

Buildingbutler.com allows for uploading, organizing, sharing and viewing various types of content allowing users to search and view images of buildings and/or other architecture related content. Buildingbutler allows its users to view the website, use the search engine, view the content, upload or post new content, organize uploaded images and download the content subject to the terms and conditions of this agreement.

Buildingbutler may also contain certain links to third party websites which are in no way owned or controlled by Buildingbutler. Buildingbutler assumes no responsibility for the content, privacy policies, practices of any and all third party websites. Buildingbutler cannot censor or edit the content of third party sites. You acknowledge that Buildingbutler will not be liable for any and all liability arising for your use of any third-party website.

Buildingbutler.com is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by buildingbutler.com. Any illegal and/or unauthorized use of Buildingbutler is prohibited including but not limited to collecting usernames and e-mail addresses for sending unsolicited emails.

3. REGISTRATION

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and to provide personal data. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form; If you provide any information that is untrue, inaccurate, not current or incomplete, or Buildingbutler has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Buildingbutler has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4. PERSONAL ACCOUNT

If any of the services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a screen name. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Buildingbutler of any unauthorized use of your password or account or any other breach of security. Buildingbutler cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

5. CONDUCT

You acknowledge and agree that you shall be responsible for your own user submissions and the consequences of posting, uploading, publishing, transmitting or other making them available on Buildingbutler. Buildingbutler has control on the content uploaded and posted on the website by it's users, but Buildingbutler has no obligation to monitor the use of the Service by users and does not guarantee the accuracy, integrity or quality of the Content uploaded and posted by users.

By way of example, and not as a limitation, you agree that, when using the website, you will not:
a. publish, post, upload, distribute or otherwise make available any Content that is unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable;
b. publish, post, upload, distribute or otherwise make available any Content that in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any part. Images uploaded only in your private webspace and are excluded from this limitation;
c. publish, post, upload, distribute or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation (commercial or otherwise);
d. publish, post, upload, distribute or otherwise make available any Content that contains software viruses, spyware or any other software, files or programs that may damage the operation of another's computer or property of another;
e. publish, post, upload, distribute or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements). Images uploaded only in your private webspace and are excluded from this limitation;
f. publish, post, upload, distribute or otherwise make avalaible weblinks that do not contain relevant information about the architecture of the related building, its designer, its user, its owner, its construction, its building materials, its costs, its context or its history. Images uploaded only in your private webspace and are excluded from this limitation ;
g. add textual contributions, readable by all users, containing languages other than English. Buildingbutler reserves the right to remove those contributions;
h. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
i. advertise or offer to sell or buy any goods or services for any business purpose;
j. harvest or otherwise collect or store personal data about others, including email addresses;
k. create a false identity for the purpose of misleading others;
l. create an inappropriate (e.g. vulgar, offensive etc) screen name;
n. violate any applicable laws or regulations.

You agree that Buildingbutler shall have the right to determine in its sole and unfettered discretion, what action shall be taken in the event of any discovered or reported violation of the terms and conditions contained herein.

6. COPYRIGHT STATEMENT

Regarding the content you publish to the public part of the website Buildingbutler does not claim ownership of photographs you submit or make available for inclusion on the Service. However, with respect to photographs, images and other types of content you submit to the public part of the website ('Content') or make available for the Service (not including the images you upload in your private webspace), you grant Buildingbutler the worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, translate, adapt and publicly display such Content within the context of the Service (including, without limitation, all Buildingbutler Services, now known or later developed) solely in connection with the architectural project for which such Content was submitted or made available. Buildingbutler has the right to always publish your screen name in connection with the Content you submit.
The license you have granted will remain in full force, also after termination of your personal account. The granted license will only be terminated in case you remove the Content concerned from the Website or in case you request Buildingbutler to remove such Content from the Website. No compensation will be paid with respect to the use of your Content, unless agreed with Buildingbutler otherwise, in writing and signed by Buildingbutler.
Buildingbutler is under no obligation to post or use any submitted Content you may provide and Buildingbutler may remove any Content submitted to the publicly visible part of the website at any time in its sole discretion.
In addition to the warranty and representation set forth above, by posting Content to the publicly accessible part of the website, you warrant and represent that:
a. you are the right owner of such Content, or that the right owner of such Content has granted you permission to use such Content consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Service;
b. you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use;
c. all persons depicted in such Content have provided consent to the use of the Content as set forth in these Terms of Service, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Content;
d. such Content does not infringe on any other third party rights and the publication thereof is not in any way unlawful. Buildingbutler is by no means liable or responsible for Content submitted to the Website by others. After submitting Content to the Website, you will always remain responsible for your Content, also after termination of your personal account, and the above warranties and representations remain in full force and effect. It is Buildingbutler's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other (intellectual property) rights of Buildingbutler and/or others.

7. YOUR USER SUBMISSIONS

As a subscriber of Buildingbutler you may submit photographs, weblinks and textual content, collectively referred to as "User Submissions" to the public part of the website. You understand that whether or not such User Submissions are published, Buildingbutler does not guarantee any confidentiality with respect to any User Submissions. BuildingButler does guarantee confidentiality with respect to the images uploaded in any user's private webspace.

You retain all of your ownership rights in your User Submissions, but you are required to grant limited licence rights (not for the images that reside only in your private webspace) to Buildingbutler and users of Buildingbutler. These are described in paragraph 8 of these Terms and Conditions (Rights you licence).

8. RIGHTS YOU LICENSE

When you upload or post a User Submission to the publicly visible part of Buildingbutler, you grant:

A. to Buildingbutler, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that User Submission in connection with the provision of the Service and otherwise in connection with the provision of the Website, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels.

B. to each user of the Website, a worldwide, non-exclusive, royalty-free, licence to access your User Submissions through the Website.

C. To each Subscriber, a worldwide, non-exclusive, royalty-free, licence to download, modify, print and/or publish any of your uploaded photographs, and to use it in presentations and publications for limited audiences with a maximum size of 1000 people.

You do explicitly not grant any license for publishing any of your User Submissions on the world wide web, on tv, in movies, or in any publication (brochure, book, magazine, dvd, cd or other data storage device) with a print run of more than 1000.
The above licenses granted by you terminate when you send buildingbutler a request to remove or delete your User Submissions from the Website. The above licenses granted by you in User Comments are perpetual and irrevocable.

9. BUILDINGBUTLER CONTENT ON THE WEBSITE

The Content contained on the Website, with the exception of User Submissions, including but not limited to the text, software, scripts, graphics, music, videos, photos, sounds, interactive features and trademarks, service marks and logos contained therein, are owned by and/or licensed to Buildingbutler and subject to copyright, design rights, database rights, trade mark rights and other intellectual property rights under European Union laws and international conventions.
Buildingbutler content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Buildingbutler. Buildingbutler reserves all rights not expressly granted in and to the Buildingbutler Content.

10. WARRANTY DISCLAIMER

You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, Buildingbutler, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. Buildingbutler makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website. Buildingbutler does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Buildingbutler website or any hyperlinked website or featured in any banner or other advertising, and Buildingbutler will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

11. LIMITATION OF LIABILITY

In no event shall Buildingbutler, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Buildingbutler website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that Buildingbutler shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

12. INDEMNITY

You agree to defend, indemnify and hold harmless Buildingbutler, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website. 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 the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms and Conditions contained herein.

13. WAIVER AND SEVERANCE OF TERMS

The failure of Buildingbutler to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found (partly) invalid or unenforceable, the provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Service will continue in full force and effect.

14. ENTIRE AGREEMENT

These Terms of Service, the online registration form and the Privacy Policy constitute the entire agreement between you and Buildingbutler and governs your use of the Service, superseding and replacing all prior or contemporaneous understandings or agreements, written or oral, between you and Buildingbutler with respect to the Service. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Buildingbutler.

15. REFUSAL OR DISCONTINUATION OF SERVICE

Buildingbutler reserves the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Service, including - but not limited to - the removal of your personal account, and to refuse any and all current or future use of the Service, without prior notice, anytime, especially should you fail to comply with the Terms of Service or any other guidelines and rules published by Buildingbutler.

16. CHOICE OF LAW AND FORUM

These Terms of Service will be governed by and construed in accordance with the laws of The Netherlands. The district court of The Hague has the exclusive jurisdiction regarding any and all disputes arising from and/or relating to these Terms of Service. You irrevocably consent to bring any action to enforce these Terms of Service in the district court located in The Hague, the Netherlands.