Planrocket Terms of Service,
Subscription Agreement, Submittal Agreement
Welcome to
Planrocket!
1. Your relationship with Planrocket, Inc.
1.1 Your use of Planrocket’s products, software, services
and web sites (referred to collectively as the “Services” in this document and
excluding any services provided to you by Planrocket, Inc. under a separate
written agreement) is subject to the terms of a legal agreement between you and
Planrocket, Inc.. “Planrocket” means Planrocket, Inc., whose principal place of
business is at 4329 Mentone St. San Diego, CA
92107, United States.
This document explains how the agreement is made up, and sets forth some of the
terms of that agreement.
1.2 Unless otherwise agreed in writing with Planrocket,
Inc., your agreement with Planrocket, Inc. will always include, at a minimum,
the terms and conditions set out in this document. These are referred to below
as the “Universal Terms”.
1.3 Your agreement with Planrocket, Inc. will also include
the terms of any Legal Notices applicable to the Services, in addition to the
Universal Terms. All of these are referred to below as the “Additional Terms”.
Where Additional Terms apply to a Service, these will be accessible for you to
read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms,
form a legally binding agreement between you and Planrocket, Inc. in relation
to your use of the Services. It is important that you take the time to read
them carefully. Collectively, this legal agreement is referred to below as the
“Terms”.
1.5 If there is any contradiction between what the
Additional Terms say and what the Universal Terms say, then the Additional
Terms shall take precedence in relation to that Service.
1.6 Planrocket reserves the right to change and or modify
these terms and conditions with out prior notification to the users of this
website should it be in the best interest of the company.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the
Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this
option is made available to you by Planrocket, Inc. in the user interface for
any Service; or
(B) by actually using the Services. In this case, you
understand and agree that Planrocket, Inc. will treat your use of the Services
as acceptance of the Terms from that point forward.
2.3 You may not use the Services and may not accept the
Terms if (a) you are not of legal age to form a binding contract with
Planrocket, Inc., or (b) you are a person barred from receiving the Services
under the laws of the United States or other countries including the country in
which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a
local copy of the Terms for your records.
3. Language of the Terms
3.1 Where Planrocket, Inc. has provided you with a translation of the
English language version of the Terms, then you agree that the translation is
provided for your convenience only and that the English language versions of
the Terms will govern your relationship with Planrocket.
3.2 If there is any contradiction between what the English
language version of the Terms says and what a translation says, then the
English language version shall take precedence.
4. Provision of the Services by Planrocket, Inc.
4.1 Planrocket, Inc. has subsidiaries and affiliated legal
entities around the world (“Subsidiaries and Affiliates”). Sometimes, these
companies will be providing the Services to you on behalf of Planrocket, Inc.
You acknowledge and agree that Subsidiaries and Affiliates will be entitled to
provide the Services to you.
4.2 Planrocket, Inc. is constantly innovating in order to
provide the best possible experience for its users. You acknowledge and agree
that the form and nature of the Services which Planrocket, Inc. provides may
change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge
and agree that Planrocket, Inc. may stop (permanently or temporarily) providing
the Services (or any features within the Services) to you or to users generally
at Planrocket's sole discretion, without prior notice to you. You may stop
using the Services at any time. You must contact Planrocket and provide a
written request via e-mail and provide 32 days of leeway towards the
termination of your account with Planrocket.
4.4 You acknowledge and agree that if Planrocket, Inc.
disables access to your account, you may be prevented from accessing the
Services, your account details or any files or other content which is contained
in your account.
4.5 You acknowledge and agree that while Planrocket, Inc.
may not currently have set a fixed upper limit on the number of transmissions
you may send or receive through the Services or on the amount of storage space
used for the provision of any Service, such fixed upper limits may be set by
Planrocket, Inc. at any time, at Planrocket's discretion.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required
to provide information about yourself (such as identification or contact
details) as part of the registration process for the Service, or as part of
your continued use of the Services. You agree that any registration information
you give to Planrocket, Inc. will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are
permitted by (a) the Terms and (b) any applicable law, regulation or generally
accepted practices or guidelines in the relevant jurisdictions (including any
laws regarding the export of data or software to and from the United
States or other relevant countries).
5.3 You agree not to access (or attempt to access) any of
the Services by any means other than through the interface that is provided by
Planrocket, Inc., unless you have been specifically allowed to do so in a
separate agreement with Planrocket, Inc.. You specifically agree not to access
(or attempt to access) any of the Services through any automated means
(including use of scripts or web crawlers) and shall ensure that you comply
with the instructions set out in any robots.txt file present on the Services.
5.4 You agree that you will not engage in any activity that
interferes with or disrupts the Services (or the servers and networks which are
connected to the Services).
5.5 Unless you have been specifically permitted to do so in
a separate agreement with Planrocket, Inc., you agree that you will not
reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that
Planrocket, Inc. has no responsibility to you or to any third party for) any
breach of your obligations under the Terms and for the consequences (including
any loss or damage which Planrocket, Inc. may suffer) of any such breach.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for
maintaining the confidentiality of passwords associated with any account you
use to access the Services.
6.2 Accordingly, you agree that you will be solely
responsible to Planrocket, Inc. for all activities that occur under your
account.
6.3 If you become aware of any unauthorized use of your
password or of your account, you agree to notify Planrocket, Inc. immediately
by e-mailing contact@planrocket.com.
7. Privacy and your personal information
7.1 Your personal information will remain in strict
confidence of planrocket.com. Planrocket will not sell or distribute your
information either personal or business to third parties unless specifically
accepted by you.
7.1.1 Your
professional information may be given by you in Planrocket's Profile
portion. You will choose how private or
public the information is. By providing
information to the Professional Profile section of Planrocket, Inc. you are
responsible for any contact from any public parties or entities that may result
from posting your information online.
By posting your personal and / or Professional information
you agree to hold Planrocket, Inc. or any subsidiaries harmless for any and all
damages that may result from posting your personal or professional information
online through us.
You further agree that contact by or with public parties
that have obtained your information through the profile section of Planrocket,
Inc. is your responsibility entirely.
7.1.2 There may be a
time when a customer or contributing member of Planrocket, Inc. would like the
contact information of one person or the other. In such cases Planrocket, Inc. reserves the right to contact the party
individually and request permission to divulge their information. Such cases may arise in the event that an
Architect/Designer member may want to visit the house that has been sold, a
developer may request that an architect or designer produce more than one house
and for the purposes of continuity of the development, may wish to use the
designer exclusively, or in such instances where a legal matter should arise
due to errors or omissions.
However, contact information will not be given out lightly
(if the professional has not provided Public information in the profile
section) for the purposes of a third parties intention to simply use the
information towards the third parties financial gain.
This policy explains how Planrocket, Inc. treats your
personal information, and protects your privacy, when you use the Services.
7.2 You agree to the use of your data in accordance with
Planrocket, Inc. privacy policies.
8. Content in the Services
8.1 You agree to limit the content that you provide for sale
to Planrocket exclusively to residential house plans and the artistic
representations that depict such house plans. Artistic representations
shall remain cohesive and in direct conjunction to the house plan that they
represent. Uploading of any sexual content or reference to sexual content
is expressly prohibited and your subscription may come under review and be
revoked negating any rights you have to future commission structures or license
to your plans that have been previously set in place.
8.1.2 You agree to
limit the content that you provide to the free profile and project image upload
portion of Planrocket to images that depict your exclusive work. You further
agree images uploaded to this section of Planrocket will be consistent with
work pertaining to Architecture, Engineering, and Construction in nature.
Uploading of any sexual or content or reference to sexual content is expressly
prohibited and your subscription may come under review and be revoked negating
any rights you have to future commission structures or license to your plans
that have been previously set in place. Planrocket reserves
the right to remove content and/or revoke membership to any person for any
reason.
8.1.3 You agree that all information (such as data files,
written text, computer software, music, audio files or other sounds,
photographs, videos or other images) which you may have access to as part of, or
through your use of, the Services are the sole responsibility of the person
from which such content originated. All such information is referred to below
as the “Content”.
8.2 You should be aware that Content presented to you as
part of the Services, including but not limited to advertisements in the
Services and sponsored Content within the Services may be protected by
intellectual property rights which are owned by the sponsors and/or advertisers
who provide that Content to Planrocket, Inc. (or by other persons or companies
on their behalf). You may not modify, rent, lease, loan, sell, distribute or
create derivative works based on this Content (either in whole or in part) unless
you have been specifically/expressly told that you may do so by Planrocket,
Inc. or by the owners of that Content, in a separate agreement.
8.3 Planrocket, Inc. reserves the right (but shall have no
obligation) to pre-screen, review, flag, filter, modify, refuse or remove any
or all Content from any Service.
8.4 You understand that by using the Services you may be
exposed to Content that you may find offensive, indecent or objectionable and
that, in this respect, you use the Services at your own risk.
8.5 You agree that you are solely responsible for (and that
Planrocket, Inc. has no responsibility to you or to any third party for) any
Content that you create, transmit or display while using the Services and for
the consequences of your actions (including any loss or damage which
Planrocket, Inc. may suffer) by doing so.
9. Proprietary rights
9.1 You acknowledge and agree that Planrocket, Inc. (or
Planrocket’s licensors) own all legal right, title and interest in and to the
Services, including any intellectual property rights which subsist in the
Services (whether those rights happen to be registered or not, and wherever in
the world those rights may exist). You further acknowledge that the Services
may contain information which is designated confidential by Planrocket, Inc.
and that you shall not disclose such information without Planrocket’s prior
written consent.
9.2 Unless you have agreed otherwise in writing with
Planrocket, Inc., nothing in the Terms gives you a right to use any of
Planrocket’s trade names, trade marks, service marks, logos, domain names, and
other distinctive brand features.
9.3 If you have been given an explicit right to use any of
these brand features in a separate written agreement with Planrocket, Inc.,
then you agree that your use of such features shall be in compliance with that
agreement, any applicable provisions of the Terms, and Planrocket’s brand
feature use guidelines as updated from time to time. These guidelines can be
viewed online at http://planrocket.com/terms_latest.php or such other URL as Planrocket, Inc. may provide for this purpose).
9.4 Other than the limited license set forth in Section 11,
Planrocket, Inc. acknowledges and agrees that it obtains no right, title or
interest from you (or your licensors) under these Terms in or to any Content
that you submit, post, transmit or display on, or through, the Services,
including any intellectual property rights which subsist in that Content
(whether those rights happen to be registered or not, and wherever in the world
those rights may exist). Unless you have agreed otherwise in writing with
Planrocket, Inc., you agree that you are responsible for protecting and
enforcing those rights and that Planrocket, Inc. has no obligation to do so on
your behalf.
9.5 You agree that you shall not remove, obscure, or alter
any proprietary rights notices (including copyright and trade mark notices)
which may be affixed to or contained within the Services.
9.6 Unless you have been expressly authorized to do so in
writing by Planrocket, Inc., you agree that in using the Services, you will not
use any trade mark, service mark, trade name, logo of any company or
organization in a way that is likely or intended to cause confusion about the
owner or authorized user of such marks, names or logos.
10. License from Planrocket, Inc.
10.1 Planrocket, Inc. gives you a personal, worldwide,
non-assignable and non-exclusive license to use the software platform provided
to you by Planrocket, Inc. as part of the service that Planrocket, Inc.
provides. (referred to as the “Software” below). This license is for the sole
purpose of enabling you to use and enjoy the benefit of the Services as
provided by Planrocket, Inc., in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to)
copy, modify, create a derivative work of, reverse engineer, decompile or
otherwise attempt to extract the source code of the Software or any part
thereof, unless this is expressly permitted or required by law, or unless you
have been specifically and expressly told that you may do so by Planrocket,
Inc., in writing.
10.3 Unless Planrocket, Inc. has given you specific written
permission to do so, you may not assign (or grant a sub-license of) your rights
to use the Software, grant a security interest in or over your rights to use
the Software, or otherwise transfer any part of your rights to use the
Software.
11. Content license from you
11.1 You retain copyright and any other rights you already
hold in Content which you submit, post or display on or through, the Services.
By submitting, posting or displaying the content you give Planrocket, Inc. a
perpetual, irrevocable, worldwide, royalty based, and non-exclusive license to
reproduce, adapt, modify, translate, publish, publicly perform, publicly
display and distribute any Content which you submit, post or display on or
through, the Services. This license is for the sole purpose of enabling
Planrocket, Inc. to display, distribute and promote the Services and for
certain Services as defined in the Additional Terms of those Services.
11.2 You agree that this license includes a right for
Planrocket, Inc. to make such Content available to other companies,
organizations or individuals with whom Planrocket, Inc. has relationships for
the provision of syndicated services, and to use such Content in connection
with the provision of those services.
11.3 You understand that Planrocket, Inc., in performing the
required technical steps to provide the Services to our users, may (a) transmit
or distribute your Content over various public networks and in various media;
and (b) make such changes to your Content as are necessary to conform and adapt
that Content to the technical requirements of connecting networks, devices,
services, media or to the companies, organizations or individuals as they may
require or request. You agree that this license shall permit Planrocket, Inc.
to take these actions with the understanding that you will be paid per the
terms of the subscription package that you have chosen at the time of your
acceptance of the subscription package.
11.4 You confirm and warrant to Planrocket, Inc. that you
have all the rights, power and authority necessary to grant the above license.
12. Ending your relationship with Planrocket, Inc.
12.1 The Terms will continue to apply even after a party has
chosen to terminate their relationship with Planrocket, Inc.
12.2 If you want to terminate your legal agreement with
Planrocket, Inc., you may do so by (a) notifying Planrocket, Inc. at any time
and (b) closing your accounts for all of the Services which you use, where
Planrocket, Inc. has made this option available to you. Your notice should be
sent, in writing, to Planrocket’s address which is set forth at the beginning
of these Terms. You will allow 32 days after notice of termination of
Planrocket’s services with you to complete the termination process.
12.3 Planrocket, Inc. may at any time, terminate its legal
agreement with you if:
(A) you have breached any provision of the Terms (or have
acted in manner which clearly shows that you do not intend to, or are unable to
comply with the provisions of the Terms); or
(B) Planrocket, Inc. is required to do so by law (for
example, where the provision of the Services to you is, or becomes, unlawful);
or
(C) the partner with whom Planrocket, Inc. offered the
Services to you has terminated its relationship with Planrocket, Inc. or ceased
to offer the Services to you; or
(D) Planrocket, Inc. is transitioning to no longer providing
the Services to users in the country in which you are resident or from which
you use the service; or
(E) the provision of the Services to you by Planrocket, Inc.
is, in Planrocket’s exclusive determination, no longer commercially viable.
12.4 Nothing in this Section shall affect Planrocket’s
rights regarding provision of Services under Section 4 of the Terms.
13. End of Terms
13.1 When these Terms come to an end, all of the legal
rights, obligations and liabilities that you and Planrocket, Inc. have
benefited from, been subject to (or which have accrued over time whilst the Terms
have been in force) or which are expressed to continue indefinitely, shall be
unaffected by this cessation, and the provisions of paragraph 20.7 shall
continue to apply to such rights, obligations and liabilities indefinitely.
14. EXCLUSION OF WARRANTIES
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15,
SHALL EXCLUDE OR LIMIT PLANROCKET’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY
NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. 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 LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL
APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED
BY LAW.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE
SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS
IS" AND “AS AVAILABLE.”
14.3 IN PARTICULAR, PLANROCKET, ITS SUBSIDIARIES AND
AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE
OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY
SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER
DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM PLANROCKET OR THROUGH OR FROM THE SERVICES SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.6 PLANROCKET FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES
AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY
15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE,
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PLANROCKET,INC. IT'S SUBSIDIARIES AND
AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL
OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY
THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF
PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR
BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU,
INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY
OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR
TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS
ON THE SERVICES;
(II) ANY CHANGES WHICH PLANROCKET MAY MAKE TO THE SERVICES,
OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES
(OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE,
ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR
THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE PLANROCKET WITH ACCURATE
ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS
SECURE AND CONFIDENTIAL;
15.2 PLAN ROCKET MAKES NO CLAIMS OR GUARANTEES TO THE VOLUME
OF SALES EITHER IN WHOLE OR PART IN RELATION TO THE CONTENT THAT YOU PROVIDE TO
THE WEBSITE.
15.3 THE LIMITATIONS ON PLANROCKET’S LIABILITY TO YOU IN
PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT PLANROCKET HAS BEEN ADVISED OF
OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16. Copyright and trade mark policies
16.1 It is Planrocket, Inc's policy to respond to notices of
alleged copyright infringement that comply with applicable international
intellectual property law (including, in the United
States, the Digital Millennium Copyright
Act) and to terminating the accounts of infringers.
17. Advertisements
17.1 Some of the Services are supported by advertising revenue and may
display advertisements and promotions. These advertisements may be targeted to
the content of information stored on the Services, queries made through the
Services or other information.
17.2 The manner, mode and extent of advertising by
Planrocket, Inc. on the Services are subject to change without specific notice
to you.
17.3 In consideration for Planrocket, Inc. granting you
access to and use of the Services, you agree that Planrocket, Inc. may place
such advertising on the Services.
18. Other content
18.1 The Services may include hyperlinks to other web sites
or content or resources. Planrocket, Inc. may have no control over any web
sites or resources which are provided by companies or persons other than
Planrocket, Inc.
18.2 You acknowledge and agree that Planrocket, Inc. is not
responsible for the availability of any such external sites or resources, and
does not endorse any advertising, products or other materials on or available
from such web sites or resources.
18.3 You acknowledge and agree that Planrocket, Inc. is not
liable for any loss or damage which may be incurred by you as a result of the
availability of those external sites or resources, or as a result of any
reliance placed by you on the completeness, accuracy or existence of any
advertising, products or other materials on, or available from, such web sites
or resources.
19. Changes to the Terms
19.1 Planrocket, Inc. may make changes to the Universal
Terms or Additional Terms from time to time. When these changes are made,
Planrocket, Inc. will make a new copy of the Universal Terms available at http://planrocket.com/terms_latest.php and any new Additional Terms will be made available to you from within, or
through, the affected Services.
19.2 You understand and agree that by using the Services
after the date on which the Universal Terms or Additional Terms have changed or
updated, Planrocket, Inc. will treat your use as acceptance of the updated
Universal Terms or Additional Terms.
20. General legal terms
20.1 Sometimes when you use the Services, you may (as a
result of, or through your use of the Services) use a service or download a
piece of software, or purchase goods, which are provided by another person or
company. Your use of these other services, software or goods may be subject to
separate terms between you and the company or person concerned. If so, the
Terms do not affect your legal relationship with these other companies or
individuals.
20.2 The Terms constitute the whole legal agreement between
you and Planrocket, Inc. and govern your use of the Services (but excluding any
services which Planrocket, Inc. may provide to you under a separate written
agreement), and completely replace any prior agreements between you and
Planrocket, Inc. in relation to the Services.
20.3 You agree that Planrocket, Inc. may provide you with
notices, including those regarding changes to the Terms, by email, regular
mail, or postings on the Services.
20.4 You agree that if Planrocket, Inc. does not exercise or
enforce any legal right or remedy which is contained in the Terms (or which
Planrocket, Inc. has the benefit of under any applicable law), this will not be
taken to be a formal waiver of Planrocket, Inc's rights and that those rights
or remedies will still be available to Planrocket, Inc..
20.5 If any court of law, having the jurisdiction to decide
on this matter, rules that any provision of these Terms is invalid, then that
provision will be noted and/or removed from the Terms without affecting the
rest of the Terms. The remaining provisions of the Terms will continue to be
valid and enforceable.
20.6 You acknowledge and agree that each member of the group
of companies of which Planrocket, Inc. is the parent shall be third party
beneficiaries to the Terms and that such other companies shall be entitled to
directly enforce, and rely upon, any provision of the Terms which confers a
benefit on (or rights in favor of) them. Other than this, no other person or
company shall be third party beneficiaries to the Terms.
20.7 The Terms, and your relationship with Planrocket, Inc.
under the Terms, shall be governed by the laws of the State of California
without regard to its conflict of laws provisions. You and Planrocket, Inc.
agree to submit to the exclusive jurisdiction of the courts located within the county
of San Diego, California
to resolve any legal matter arising from the Terms. Notwithstanding this, you
agree that Planrocket, Inc. shall still be allowed to apply for injunctive
remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
21.
Designer’s Profile and Modification Push
You agree
that participating in the “Designer’s Profile” portion and or the “Modification
Push” portion that Planrocket provides that any and all contact from a client
that has come from these sections will be your own work. Furthermore, as
the designer of the house plans, you are responsible for any additional work
performed on the house plan set. And modification you make to the plans
will come under a separate and personal contract that you set up individually
with the customer.
Should you
negotiate a separate deal that comes from direct contact with a customer
through Planrocket’s Profile or Modification section you shall be entirely
responsible for all work and liability that results from such direct interaction
with a customer.
If a set of
your plans is purchased outside of the Planrocket site, then Planrocket “terms
of purchase” agreement that is employed when a customer purchases a set of
plans through Planrocket is void for that sale.
You agree to
hold Planrocket harmless for any and all liability that may arise from contact
with a customer through the Planrocket website. By using the site you are
advertising yourself and your work. You are choosing to do this of your
own free will.
Additionally
you agree to treat all customers who contact you through our designer’s profile
section about your work or to engage you about potential work, will be treated
with professional levels of respect.
If you choose
not to engage in further work with them in relation to your plans, you agree to
simply and kindly direct them to another avenue of professional help.
You may
direct them back to Planrocket for help or to another source.
You are
likely to be subject to a broad range of personalities by engaging in the
Profile or Modification sections of Planrocket.
We consider
membership at Planrocket is a privilege. Complaints to Planrocket about your
professionalism or level of work that you provide from our customers may merit
expulsion from Planrocket, Inc.'s service.
Consistent
uploading of inappropriate or poorly executed work by you may also merit
expulsion from the Planrocket program.
Members who
are subject to expulsion from Planrocket membership will not receive a refund
for membership dues. Termination of the relationship between the member
and Planrocket will simply stop future recurring payments.
22. Providing
the plans or project uploads
All plan
uploads and images are subject to review by Planrocket for fitness of purpose
and completeness. If a set of plans that you intend to provide to
Planrocket for the purposes of selling to customers does not meet our
requirements, then Planrocket reserves the right to not present your plans on
the site.
You agree to
produce real House Plans that are complete and contain all of the requirements
that are outlined in the requirements PDF located on the agreement page of your
membership web portal.
Anything less
and you run the risk of NOT getting your plans presented on the site.
You agree
that when you upload your set of plans you will “zip” up your files in a
program with a .zip extension.
You zip
file(s) will contain a full set of Architectural plans as outlined by
Planrocket’s requirements PDF that can be found on the “agreement” page of your
membership web portal.
You agree
that you will upload a minimum of two zip files. One zip file will
contain a PDF set of your plans and a “one time build license” of your
plans.
The second
zip file will contain an exact replica of your PDF set as well as a CAD formatted
set that has either a .dwg extension or a .rvt extension. This second zip file
will also contain a mirrored PDF set of the CAD set along with “One time build
license”. Additionally you agree to include a .doc or txt. file containing
information about the Programs used to produce your CAD set.
You agree
that providing a Metric set of documents will require you to switch all
Imperial measurement systems over to Metric conversion before you upload the
zip file of your metric plan set to Planrocket. You shall include a PDF set and
CAD set along with a “one time build license” in your zip file containing the
Metric set of plans. Additionally you agree to include a .doc or txt. file containing
information about the Programs used to produce your CAD set.
July 20, 2011
