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Arcbazar.com, Inc. (“Arcbazar”, “we” or “us”) is pleased to provide you with access to the Arcbazar™ network and other online features, services and programs (collectively, the “Website”).
Arcbazar is provided subject to acceptance of all the following terms and conditions (this “Agreement”), including the Privacy Policy available at https://www.arcbazar.com/policy. By using the Website, you agree to comply with and be bound by this Agreement, which we may change at any time. Please read this Agreement carefully, and check these terms and conditions periodically for changes. If you do not agree to any portion of this Agreement, you should not access or otherwise use the Website.
Arcbazar is a platform where certain users (“Clients”) launch competitions (“Competitions”) in which they solicit designs from architectural designers (“Designers”). Through the Website, users have access to content including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Site Content”). Clients and Designers (collectively, “Users”) may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible content (User Content, discussed further in Section 6). User Content, unless otherwise noted, includes architectural designs submitted by Designers during a Competition (“Design Submissions”).
This site may only be accessed by Users who are members of the Arcbazar Network and have (a) registered for the Website and paid all fees due to Arcbazar, if any, in connection therewith; and (b) obtained a valid password to access the Website from us. Further, you agree to the following:
01. User Account For certain types of features available through the Website, we require the use of encryption technologies provided for your protection and/or your use of a user identification name (“User ID”) and password after setting up a user account (“User Account”). You may never use another person’s User Account and/or User ID without permission. We use reasonable precautions to protect the privacy of your User ID, password and User Account information by utilizing a Secure Socket Layer (“SSL”) connection. You, however, are ultimately responsible for protecting your User ID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to (i) immediately notify Arcbazar of any unauthorized use of your User ID, password or User Account, or any other breach of security, and (ii) ensure that you exit from your User Account at the end of each session. You are solely responsible for any activity that occurs with respect to your User Account and User ID. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption. User Accounts and User IDs are non-transferable.
02. Accurate Infirmation In creating and using your User Account on the Website, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required on the Website (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, non-current or incomplete, or Arcbazar has reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, Arcbazar has the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
01. Disclaimer of warranties Arcbazar makes no representations or warranties of any kind regarding the Website, the Site Content or the User Content. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, THE SERVICES, THE SITE CONTENT AND THE USER CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. ARCBAZAR MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE SERVICES, THE SITE CONTENT, THE USER CONTENT OR ANY OTHER SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN ACCURATE, COMPLETE, CURRENT, UNINTERRUPTED OR ERROR-FREE, THAT THE SITE CONTENT AND/OR USER CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEBSITE OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OTHER HARMFUL COMPONENTS OR CHANGES CAUSED BY A THIRD PARTY, OR THAT ANY PERSON USING THE WEBSITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. ARCBAZAR DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT ARCBAZAR SHALL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
02. Idemnification You agree to indemnify and hold Arcbazar and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by Arcbazar, directly or indirectly, with respect to or arising out of: (i) your failure to comply with this Agreement; (ii) your breach of your obligations under this Agreement; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; (iv) your violation of any third party right, including without limitation any intellectual property, property, or privacy right, and including claims between Clients and Designers; and/or (vi) any claim that any of your User Content caused damage to a third party.
03. Disclaimer Of Warranties ARCBAZAR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
The trademarks, service marks and logos used and displayed on the Website, including the ARCBAZAR mark and logo, are Arcbazar’s registered and unregistered trademarks and service marks. All trademarks and service marks of Arcbazar that may be referred to on the Website are the property of Arcbazar. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Arcbazar is the copyright owner or authorized licensee of all text and all graphics contained on the Website. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Arcbazar’s trademarks, service marks or copyrighted materials without Arcbazar’s prior written permission. Neither the name of Arcbazar nor any of Arcbazar’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without Arcbazar’s prior written permission, except that a third party website that desires to link to the Website and that complies with the requirements of Section 5(b) above may use the name “Arcbazar” in text format only in or as part of that link.
If you believe that any Site Content or User Content on the Website violates any intellectual property right of yours other than a copyright right (which is covered by Section 7 above), please contact Arcbazar at the address, email address or telephone number set forth at the bottom of this Agreement.
Arcbazar makes no representation that content or materials in the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Arcbazar is not responsible for any violation of law. You may not use or export the Site Content or materials in the Website in violation of U.S. export laws and regulations. You agree that the Website shall be deemed solely based in the Commonwealth of Massachusetts. This Agreement shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, United States of America, without reference to conflict of laws principles. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located in the Commonwealth of Massachusetts. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
Each User is solely responsible for satisfying all income tax, payroll tax, payroll withholding, sales and use tax, VAT or foreign withholding taxes, governmental reporting and other legal requirements under applicable law, including without limitation those applicable to the purchase and sale of services from and by independent contractors. User shall be solely responsible for obtaining any necessary reporting information from the provider of any such services, as may be required for form W-9 (for US individuals/companies ) or form W-8BEN for (non-US individuals/companies). You acknowledge that Arcbazar will not issue 1099 tax forms and further agree that if you are a U.S. buyer purchasing services from U.S. individuals/companies, you are solely responsible to issue 1099 tax forms, to the applicable individuals/companies.
This section applies only to Designers. It does not apply to Clients launching Competitions.
01. Entry fees. To sign up for a Competition, a Designer pays a one-time entry fee or has an active Arcbazar Pro subscription. The entry fee is 2% of the Competition award and is shown before payment. An entry fee covers one Competition, including its second phase, for the Designer or the team that signed up. Entry fees are non-transferable.
02. Arcbazar Pro. Arcbazar Pro is a yearly subscription that lets a Designer sign up for any number of Competitions without entry fees while the subscription is active. Arcbazar Pro renews automatically every year and your payment method is charged until you cancel. We send a reminder before each renewal. You can cancel at any time under "Manage subscription"; cancellation takes effect at the end of the current billing period, and Arcbazar Pro stays active until then. Fees for the current period are not refunded in part. If a renewal payment fails and cannot be collected, the subscription ends. Competitions you signed up for while your subscription was active remain available to you after it ends.
03. Prices and currency. All fees are charged in US dollars. Amounts shown in other currencies are approximate. Payments are processed by Stripe; Arcbazar does not store your card details. We will notify active subscribers at least 30 days before a price change takes effect for their subscription.
04. Refunds. Fees are non-refundable except as decided by Arcbazar upon your request, including when a Client cancels a Competition. To request a refund, contact support@arcbazar.com.
05. Immediate access. Access to a Competition or to Arcbazar Pro begins immediately after payment. By paying, you request immediate performance and, where applicable law allows, acknowledge that you lose any statutory right of withdrawal once access has been provided.
06. Taxes. You are responsible for any taxes that apply to your payments, as described in "Taxes And Reporting".
We may terminate your User Account or right to access secured portions of the Website at any time, without notice, for any reason or for no reason or for conduct that we believe violates this Agreement and/or is harmful to other users of the Website, to Arcbazar, to the business of the Website’s Internet service provider, or to other information providers.
We welcome the submission of comments, information or feedback through the Website. In the event that you submit ideas or suggestions for the Website, Site Content or Services (“Services Comments”), the Services Comments will be deemed, and will remain, the sole property of Arcbazar. None of the Services Comments will be subject to any obligation of confidence on the part of Arcbazar, and Arcbazar will not be liable for any use or disclosure of any Services Comments. Without limiting the foregoing, Arcbazar will be entitled to unrestricted use and other exploitation of the Services Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Services Comments.
Arcbazar reserves the right to modify this Agreement, any aspects of the Services, or its policies at any time, with or without notice to you. You are under an obligation to review the current version of this Agreement and other Arcbazar policies before using the Website. Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
If any provision of this Agreement, or the application thereof, shall for any reason and to any extent be determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Agreement shall be interpreted so as best to reasonably effect the intent of the parties. The parties further agree to replace any such invalid or unenforceable provisions with valid and enforceable provisions designed to achieve, to the extent possible, the business purposes and intent of such invalid or unenforceable provisions.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and such waiver shall only be enforceable if given in writing and signed by both parties to this Agreement. Arcbazar’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Your Consent To This Agreement:
This Agreement, together with Arcbazar’s Website Privacy Policy available at http://www.arcbazar.com/policy, and any other legal notices published by Arcbazar on the Website, shall constitute the entire agreement between you and Arcbazar concerning the Website. You agree that the electronic text of this Agreement constitutes a writing. By accessing and using the Website, you consent to and agree to be bound by the terms of this Agreement, such consent and agreement to constitute a “signing” for all purposes.
If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by email at info@arcbazar.com or by sending your comments to:
Read more details about Arcbazar in our FAQ.