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Terms and Conditions of Use
Terms & Conditions
Terms of Use ________________________________________ Welcome to Buildtonet.com, the first international online marketplace of construction. Sets the channel information service and professional sales more efficient through a comprehensive B2B platform. We aspire to do the right, ethical and legal thing in bringing you this site, and we ask that you use the same judgment as you read, use, link to, and share the content hosted on Buildtonet. Members of the site must act ethically and not engage in any activity that Buildtonet, in its sole discretion, deems to be gaming or otherwise abusing the site. Buildtonet reserves the right to terminate the account of any member for any reason whatsoever. When utilizing Buildtonet content, we ask that you give credit where appropriate and don't edit our content - or content that belongs to others without permission. If we've made an error, please let us know. You can reach us at info@buildtonet.com For the information our lawyers make us include, read on: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. 1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE The content and services offered at www.buildtonet.com, and any communications service (including the capability to contribute links and other information (each such submission, a "Contribution")), or other interactive service that may be available to you on or through this site, are provided to you under the terms and conditions of this Buildtonet Terms of Service ("BTOS"), and any operating rules or policies that may be published by Buildtonet at the URL: www.buildtonet.com. The BTOS and all such operating rules or policies comprise the entire agreement between you and Buildtonet and supersede all prior agreements between you and Buildtonet regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, OR USING BUILDTONET, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. 2. ELIGIBILITY AND SERVICES VOID WHERE PROHIBITED You must be thirteen or older to register as a member of Buildtonet. Use of the Service is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement. 3. GENERAL TERMS AND CONDITIONS Buildtonet may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on Buildtonet.com. By using this site after we post any changes, you agree to those changes. If at any time you choose not to accept these Terms and Conditions, please do not use this site. 4. PRIVACY POLICY Information about you is subject to our Privacy Policy. For more information, see our full privacy policy below. 5. DESCRIPTION OF SERVICE Buildtonet provides Users with a variety of online services, including but not limited to: • BUILDTONET-GENERATED CONTENT. Examples of how creative professionals manage their ideas and increase productivity. • BUILDTONET PROFILES. Uploaded or entered multimedia content developed and owned by creative professionals across industries. • BUILDTONET COMPETITIONS. A directory of competitions in the creative professional community. • OTHER FEATURES. You may also conduct various other tasks through the service. In order to use any feature of the Service not described above, you may be required to register for a free BUILDTONET account. 6. EVENT DISCLAIMERS AND LIMITATION OF LIABILITY:EVENT DISCLAIMERS AND LIMITATION OF LIABILITY: YOUR PARTICIPATION IN ANY PUBLIC OR PRIVATE EVENT/COMPETITION IS AT YOUR SOLE AND EXCLUSIVE RISK. BY USING BUILDTONET YOU AGREE AND UNDERSTAND THAT IN CONNECTION WITH YOUR PARTICIPATION IN ANY EVENT OR ACTIVITY, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISKS, FORESEEN OR UNFORESEEN, WHICH MAY OR MAY NOT BE INHERENT IN THOSE ACTIVITIES AND EVENTS. THESE INHERENT RISKS INCLUDE, BUT ARE NOT LIMITED TO, THE DANGERS OF SERIOUS PERSONAL INJURY, PROPERTY DAMAGE, AND DEATH FROM EXPOSURE TO THE HAZARDS OF PUBLIC OR PRIVATE OUTINGS AND ACTIVITIES. BUILDTONET HAS NOT TRIED TO CONTRADICT OR MINIMIZE YOUR UNDERSTANDING OF THESE RISKS. BY USING BUILDTONET, YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES CAN OCCUR BY NATURAL CAUSES OR BY THE ACTS OF OTHER PERSONS OR THIRD PARTIES, EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. YOU ARE PERSONALLY RESPONSIBLE FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH ANY PUBLIC OR PRIVATE EVENT OR ACTIVITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE BUILDTONET FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS BUILDTONET, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS OR ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING THE USER AT THE EVENTS. 7. CONTENT You are solely responsible for any data, text, software, music sound, images, photographs, graphics, video, messages, files or other materials ("Content") which is transmitted, posted, or distributed by you through the Service, including but not limited to the contents of your e-mail communications, information, photos or images posted by you or posted to your Profile Page and information, photos, images, sound files or other Content posted by you in a forum or other page. By posting Content you warrant and represent that you own all right, title and interest to that Content and any likenesses contained in that Content. You agree to not post anything to which you do not have the rights. Buildtonet does not own or control the Content posted by Users via the Service and, does not guarantee the accuracy, integrity or quality of such Content. You may be exposed to Content posted by other Users that may be offensive, indecent or objectionable. Under no circumstances will Buildtonet be liable in any way for any Content posted by any User or third party, including, but not limited to, liability for 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, e-mailed or otherwise transmitted via the Service. 8. USER'S GRANT OF LIMITED LICENSE Buildtonet does not claim any permanent ownership of Content you submit or make available for inclusion on the Service. However, in the modern age of content hosting and the propagation and streaming of content across the web, we require a limited license to host and display this content, as specified below, which lasts as long as you chose to host your work on the service. For example, one purpose for this limited license is to enable Buildtonet to stream and present your work across the Buildtonet Network and partner sites that present your work professionally - linking back to your portfolio. This day in age, we require a limited license for your content in order to present it in the many places and various forms across the Buildtonet Network sites and other sites powered by the Buildtonet Network platform. The limited license below is required to allow Buildtonet to host, display, organize, and propagate a member's portfolio of projects. By communicating with Buildtonet, Inc., including submitting or sending Content, a Contribution, correspondence or other information or material to Buildtonet ("Your Content"), you grant Buildtonet, a limited license, for the period of time your portfolio of Your Content is published in Buildtonet's systems, to display the work royalty-free, unrestricted, and world-wide, across Buildtonet's sites, in search results, and in Buildtonet-powered Galleries. In some instances, media must be reformatted for display and incorporation into Buildtonet’s galleries. As such, during this limited license, you allow Buildtonet to reproduce, modify, publish, translate, distribute, perform and display Your Content (in whole or part), and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such limited license also includes incorporating a Contribution, in whole or in part, into a Buildtonet feature or in promotional or marketing materials (attributed properly to the artist). Buildtonet will NEVER assume ownership of your work, and the artist's copyright settings, as selected by the artist, will remain associated with each published project. This limited license is required for the nature of Buildtonet Network's platform. Work submitted to Buildtonet remains owned by the artist, under the artist's selected copyright settings, and artists decide whether or not to sell their work to third parties. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of Your Content. You acknowledge and agree that the display or inclusion of Your Content shall be in the sole discretion of Buildtonet and Your Content may or may not be included on the Buildtonet website for any reason or no reason at all. BY UPLOADING CONTENT TO BUILDTONET'S WEBSITES YOU AGREE NOT TO VIOLATE ANY LAW, REGULATION OR AGREEMENT WITH RESPECT TO ANY INTELLECTUAL PROPERTY RIGHT WHICH MAY APPLY, AND YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, BUILDTONET., IT'S OWNERS, AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS ALLEGING VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHT ASSOCIATED WITH YOUR USE OF THE WEBSITE. 9. USER CONDUCT Each site and the Services are provided to you solely for entertainment and organizational purposes. You acknowledge and agree: a. to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and/or any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, Buildtonet. reserves the right to reject any of your Contributions and to terminate your right to use the Site and refuse any and all current or future use of the Services. Further, Buildtonet reserves the right to reject any of your Contributions and to terminate your right to use the Site and refuse any and all current or future use of the Services for any reason whatsoever. b. without limitation of the foregoing, not to use the Site or Services to submit any Contribution regarding any products or multimedia files, or make comments about them, that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful; or that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability. c. not to harvest, collect or store information about Users or the content posted by others on this Site or use such information for any purpose inconsistent with the purpose of this Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. Illegal and/or unauthorized use of Buildtonet, including aggregating usernames and other contact information for the purpose of sending unsolicited communications is prohibited. Unauthorized framing of Buildtonet is also prohibited. Inappropriate use may result in your being removed from participant listings without notice and may result in termination of your privileges for participation in Buildtonet. Appropriate legal action may also be taken for any unauthorized use of Buildtonet. d. that Buildtonet is not responsible for material submitted to Buildtonet or posted to the Site by Users. Buildtonet does not pre-screen, monitor, review or edit the Contribution posted by Users. However, Buildtonet and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Contribution, in whole or part, that in Buildtonet judgment does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. Buildtonetis not responsible for any failure, non-failure or delay in removing such Contribution. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Buildtonet. You agree to immediately notify Buildtonet of any unauthorized use of the Service or any other breach of security that you know or suspect. 10. MODIFICATIONS TO SERVICE Buildtonet reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Buildtonet shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 11. INTELLECTUAL PROPERTY RIGHTS a. You acknowledge and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, including but not limited to Contributions ("Content"), including Content contained in sponsor advertisements or information presented to you through the Service or by advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. b. Thus, all Content is either the copyrighted property of Buildtonet, or the copyrighted content of its Users that created and submitted the content, and its affiliates or licensors or, in some cases, the content is assigned a license under the Creative Commons licensing system (when specified). As between Buildtonet and you, Buildtonet is the sole owner of all Buildtonet-generated content on the Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Participant in Buildtonet retains all rights, titles, and interests in and to the content provided by the Participant hereunder (including, without limitation, the copyrights in and to the Participant's Content), subject to the non-exclusive rights in the licenses granted to Buildtonet under this agreement. Participant is free to grant similar rights to others during and after the Term of this Agreement. c. All individual articles, content and other elements comprising this Service are also copyrighted works. In addition to abiding by any rights each author may have retained in connection with each such article, you must also abide by all additional copyright notices or restrictions contained in this Service. d. Unless expressly permitted by Buildtonet or advertisers, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, rent, lease, sell, or in any way exploit any part of this Service. You may download Content for your own personal use as follows: you may make one print copy that is limited to occasional articles of personal interest only. In addition, these files may not be used to construct any kind of database. e. We are concerned about the integrity of our Service when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Service. Neither you nor any third party shall make use of the contents of the Service in any manner that constitutes an infringement of our rights, including copyright or trademark, that has not been expressly authorized by us. 12. INDEMNIFICATION Upon a request by Buildtonet, you agree to defend, indemnify and hold Buildtonet, its affiliates, officers, directors, employees, representatives, successors and assigns, harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or Users authorized by you or any violation of these Terms and Conditions by you (including, but not limited to, any claim that your Contribution infringes the rights of any third party). Buildtonet reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Buildtonet in asserting any available defense. 13. YOUR CONTRIBUTIONS You acknowledge and agree that Buildtonet may preserve any Contribution and may also disclose your Contribution if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary: (a) to comply with legal process; (b) to enforce these Terms and Conditions; (c) to respond to claims that any Contribution violates the rights of third-parties; or (d) to protect the rights, property, or personal safety of Buildtonet its Users or the public. a. You understand that the technical processing and transmission of the Site, including your Contribution, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Buildtonet assumes no responsibility for the deletion or failure to store Contributions or other information submitted by you or other Users to Buildtonet. b. Any or all Content on the Site may be purged periodically at Buildtonet's sole discretion. You acknowledge and agree that all Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content created by Buildtonet or submitted to Buildtonet. You further acknowledge and agree that the views expressed on the Site do not necessarily reflect the views of Buildtonet and Buildtonet does not support or endorse Content (including any Contribution, whether or not edited by Buildtonet or its designee or presented on the Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User. c. In operating this site, Buildtonet does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you. Any information or material submitted or sent to Buildtonet, will be deemed not to be confidential or secret. By submitting or sending information or other material to Buildtonet.you represent and warrant that the information is original to you and that no other party has any rights to the material, and that the material and information will not violate any of the prohibitions set forth above ("User Conduct"). 14. LINKED SITES You may be able to link to third parties' Sites ("Linked Sites") from the Buildtonet Site. Linked Sites are not, however, reviewed, controlled, or examined by Buildtonet in any way and Buildtonet is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Buildtonet's endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Buildtonet be liable, directly or indirectly, to anyone for any loss or damage caused by or in connection with use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site's administrator or webmaster. Buildtonet reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or to introduce different features or links to different Users. a. SPECIAL NOTICE: LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT MAY BE OFFENSIVE, INCLUDING BUT NOT LIMITED TO SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES. b. Permission must be granted by us for any type of link to Buildtonet. To seek our permission, you may write to Buildtonet. We reserve the right, however, to deny permission to link to Buildtonet or rescind any permission previously granted by us to link through any type of link, and to require termination of any such link to the Site, at our discretion at any time. 15. DEALINGS WITH ADVERTISERS & SPONSORS Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Buildtonet shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. 16. PARENTAL PERMISSION This Site is not intended for use by children under thirteen (13) years of age, and Buildtonet does not knowingly collect personal information from children under thirteen years of age. Some of the available information may concern certain topics that may not be appropriate for children. Buildtonet may, at its discretion, require Users under 18 to obtain the consent of a parent or guardian to view certain content, and Buildtonet may limit access to certain content to Users above a specified age. You agree to abide by any such restrictions, and not to help anyone circumvent these restrictions. 17. DISCLAIMER OF WARRANTIES a. THE WEB SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, BUILDTONET AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SECURITY, OR FITNESS FOR A PARTICULAR PURPOSE. b. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. c. BUILDTONET DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. d. BUILDTONET DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (RATHER THAN BUILDTONET OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. e. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. f. SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES. 18. LIMITATION OF LIABILITY a. IN NO EVENT WILL BUILDTOENT, ITS SPONSORS, ADVERTISERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF BUILDTONET OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE BUILDTONET FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS BUILDTONET, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS OR ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING THE USER AT THE EVENTS. b. 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, BUILDTONET'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. 19. COPYRIGHTS AND COPYRIGHT AGENT Buildtonet has adopted the following policy toward copyright infringement on the Service in accordance with the Digital Millennium Copyright Act (a copy of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf, the "DMCA"). If you believe that Content residing or accessible on or through the Service infringes a copyright, you may send a notice of copyright infringement containing the following information to the Designated Agent at the address above: • Identification of the work or material being infringed. • Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Buildtonet is capable of finding it and verifying its existence. • Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number and e-mail address. • A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law. • A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner. • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed. Buildtonet will respond to valid DMCA requests within 10 days. In all cases, if you do not hear a response from us within 10 days of submitting a complaint, please email us again at info@buildtonet.com confirm that we received your original complaint. As you may know, spam blockers sometimes reject important emails from unknown parties. Please note that under applicable law any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. In an effort to be transparent in removing or restricting access to user-uploaded content, Buildtonet may make public any DMCA notice received (with personal contact information removed). This may include posting the notice to a public-facing website, among other methods. After removing access to the material pursuant to a valid DMCA notice, Buildtonet will immediately notify the user responsible for the allegedly infringing material that it has removed or disabled access to the material. Buildtonet reserves the right, in its sole discretion, to immediately terminate the account of any member who is the subject of repeated DMCA notifications. Submitting a DMCA Counter-Notification: If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Buildtonet by providing the following information to the Designated Agent at the address above: • The specific URLs of material that Buildtonet has removed or to which Buildtonet has disabled access. • Your name, address, telephone number, and email address. • A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in New York County, New York if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person. • The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled." • Your signature. Upon receipt of a valid counter-notification, Buildtonet will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Buildtonet does not receive any such notification within ten (10) days, we may restore the material to the Services. 20. APPLICABLE LAWS / JURISDICTION a. You agree to comply with all local rules and laws regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Spain or any other country in which you reside. b. Notwithstanding local rules or laws regarding your use of the Site, you agree that the laws of the Spain, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. You expressly agree that exclusive jurisdiction for any claim or dispute with Buildtonet or relating in any way to your use of the Site shall be in the federal or state courts located in Barcelona, Spain, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute, including any claim involving Buildtonet or its affiliates, officers, directors, employees, representatives, successors, assigns, or content providers. c. We operate the Site from our offices in Barcelona, Spain. We do not represent that materials on the site are appropriate or available for use outside of Barcelona, Spain. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. 21. MISCELLANEOUS Any inquiries concerning these terms and conditions of use should be directed to us through our contact form. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Nothing in these Terms and Conditions shall be deemed to create any rights for any third party beneficiary. The section titles in these Terms and Conditions are for convenience only, and have no legal or contractual effect. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms and Conditions. Buildtonet may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms and Conditions to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent. If you have any questions about this policy or our site in general, please contact us. 22. DISPUTES Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of Barcelona, Spain. Privacy Policy ________________________________________ Buildtonet does not send Spam or sell email addresses.. This Privacy Policy describes how we treat the information we collect when you visit our web sites and/or received any emails from Buildtonet. 1. YOUR PERSONAL INFORMATION COLLECTED BY BUILDTONET. In order to send you e-mail from Buildtonet (if any), we need your e-mail address. To provide you with additional services, we may also request your name, geographical coordinates, and telephone number. Buildtonet does not collect any other personal information that you do not expressly provide. Buildtonet will not sell, rent or share your personal information, including your e-mail address, with any third parties for marketing purposes without your express permission. Buildtonet may share your personal information for the purpose of delivering our e-mail to you or as required by law. Though we make every effort to preserve user privacy, Buildtonet may need to disclose personal information when required by law and when we have a good faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process that Buildtonet receives. We may also collect demographic and other data, which may include Personally Identifiable Information, generally through surveys and forms which you may or may not choose to participate in. If you place an order for goods or services through Buildtonet, you may be required to enter your credit card number and information, as well as your shipping address and/or other contact information. 2. NON-PERSONAL INFORMATION. We may also request non-personally identifiable information, such as buying preferences, or age, also known as demographic and profile data, though this information is optional. We may use this data to improve our website and/or customize your experience at our site, showing you content that we think you might be interested in, and displaying content according to your preferences. We may also share this information with others, such as advertisers interested in on our site, in aggregate, anonymous form, which means that the information will not contain any personally identifiable information about you or any other person. 3. PROFILE PAGE. If you choose to sign up for a free Buildtonet account (either to purchase products or services, or to enter participate in member only areas on the site), you may have a Profile page on the site, containing your username and some basic information related to demographics and your creative interests . You may also add additional optional information to your Profile. You may control what type of Profile information is shown to others through your Account Settings. Links to your Profile Page may be included on other Buildtonet pages. If you send a message to a Buildtonet user through a future Buildtonet internal Messages feature, that person may be informed of your email address. PLEASE NOTE THAT, REGARDLESS OF WHAT PERSONAL INFORMATION A MEMBER CHOOSES TO INCLUDE IN HIS OR HER PROFILE, OR WHAT PRIVACY PREFERENCES HE OR SHE CHOOSES, CERTAIN INFORMATION ABOUT EACH MEMBER WILL BE INCLUDED IN THAT MEMBER'S PUBLIC PROFILE AND MAY BE ACCESSIBLE TO ANYONE VISITING THAT PROFILE PAGE ON THE BUILDTONET WEBSITE. 4. PUBLIC FORUMS REMINDER. This site often makes chat rooms, forums, message boards, and/or news groups available to its users. Please remember that any information that is disclosed in these areas becomes public information. Exercise caution when deciding to disclose your personal information. Although we value individual ideas and encourage free expression, Buildtonet reserves the right to take necessary action to preserve the forum's integrity, such as removing any posting that is vulgar, off-topic, or inappropriate. 5. USAGE INFORMATION. In addition to collecting personal and non-personal information, Buildtonet may also collect non-personal, aggregated information about subscribers' use of our site. This information is not personally identifiable and will only be used to find out how subscribers use our service and site. For example, this information will tell us how much time users spend on our site, from which other sites subscribers came, and to what other sites subscribers go. The collection of this information allows us to, among other things, prepare for traffic load demands and to efficiently deliver relevant information. 6. PERSONALLY IDENTIFIABLE INFORMATION COLLECTED BY BUILDTONET'S BUSINESS PARTNERS. Buildtonet may work with third-party advertising companies, sponsors and other companies with whom we do business ("Business Partners") to place advertising on our site and in email communications sent to our registered users regarding Buildtonet services. Information about your visit to this site, such as number of times you have viewed an ad, may be used to serve advertising to you on this site. Buildtonet may correlate or match registered Users' information, including Personally Identifiable Information, with information held by our Business Partners to target ads or otherwise improve the effectiveness of our service. Our Business Partners may read or set cookies on your hard drive, use pixel tags, track which ads you have viewed, or collect other information about you. From time to time, Buildtonet may also have special offers or promotions that are sponsored by a Business Partner. In order to participate in these offers, you may be required to follow a separate registration process. If you consent to receive information from a Business Partner, through an opt-in or opt-out process, Buildtonet may pass your information to such Business Partner. Buildtonet may also offer goods or services for purchase available by our Business Partners. If you purchase goods or services offered through Buildtonet by a Business Partner, then you may be required to submit Personally Identifiable Information in order to complete the transaction and Buildtonet may provide your Personally Identifiable Information to such Business Partner for that purpose. In some cases, we may enter into a promotional relationship with a Business Partner in which we prominently display their brand name or trademarks on pages that appear the same as or very similar to the pages of the Buildtonet service. These pages are known as "Co-Branded Pages" and these particular Business Partners are known as "Co-Branded Business Partners." If the page on which you submit information is a Co-Branded Page, or was accessed by clicking on a link on a Co-Branded Page, then we may share your personal information with the associated Co-Branded Business Partner. Co-Branded Business Partners may use your personal information in accordance with their own privacy policies. Buildtonet disclaims all liability for the privacy policies and procedures on any Business Partner or Co-Branded Business Partner Web site. You will need to contact the Co-Branded Business Partner to instruct them directly regarding your preferences for the use of your personal information by them. Additionally, you agree that we may use and disclose all such information so submitted to such Co-Branded Business Partners in the same manner in which we are entitled to use and disclose any other information you submit to us (see Use of Your Personally Identifiable Information by Business Partners below). 7. REVIEW AND ACCESS. Upon your request, you can access a summary of the information we collect about you. You will have an opportunity to correct, update or modify this information. 8. CHOICE/OPT-OUT. If we ever send you information by e-mail concerning new products or services that you did not expressly request, we will provide you with an e-mail address by which you may request no future notices. 9. TRACKING. Like most sites, Buildtonet may make use of browser "cookies." Cookies are strings of text and numbers that can identify your computer to us when you visit our site. They allow us to see if you have logged in, check your status as a member, and facilitate access to your preferences. Buildtonet will not use cookies to retrieve information from a computer that is unrelated to our site or services. Buildtonet may also use transparent GIF images. We would use these images to track the e-mails that we send out. 10. IP ADDRESS. When you visit our site, we log standard information such as your IP address, which is a number that can be used to identify your location and Internet Service Provider, along with the URL from which you came to our site and the URLs visited on our site. A URL is the full address of a Web site page, which may or may not contain some Personally Identifiable Information about the person who is viewing it. When we send messages to you or others, we may provide a URL link to the Buildtonet site that contains an alphanumeric identifier, which allows us to identify the person to whom we sent the message so that we can personalize our content for that individual. 11. THIRD PARTY COOKIES. In the course of serving advertisements to this site, our third-party advertisers may place or recognize a unique cookie on your browser. 12. THIRD PARTY ADVERTISING. Some of the ads appearing on our website may be delivered by one of our advertising partners. Information about your visit to their sites, such as number of times you have viewed an ad (but not your name, address, or other personal information), may be used to serve ads to you. 13. BUSINESS TRANSITIONS. In the event Buildtonet goes through a business transition, such as a merger, acquisition by another company, or sale of a portion of its assets, users' personal information will, in most instances, be part of the assets transferred. 14. LINKS TO OTHER SITES. As part of the services we provide, Buildtonet may create links allowing you to access third party sites. Buildtonet is not responsible for the content that appears on those sites and does not endorse these sites. Please consult those sites' individual privacy policies in order to determine how they treat user information 15. SECURITY. All information described above is stored on restricted database servers. 16. CHANGES TO THIS POLICY. Buildtonet reserves the right to change this policy from time to time. If we do make changes, the revised Privacy Statement will be posted on this site. 17. CONTACT US. If you have any questions about this policy or our site in general, please contact us at info@buildtonet.com.
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