Thank you for joining our tribe! Plantribe.io is a marketplace where every architect or designer can sell their floor plans, market their businesses, exchange ideas including any design services and connect socially with other house plan professionals, builders, homeowners, construction companies, and other design connoisseurs.
This License Agreement is between you (the architect or designer) and Plantribe.io. It governs your use of this website, the services listed and applications offered on Plantribe.io. If you sign up and subscribe to this platform, then you agree to these terms, which apply to you, Plantribe.io and its affiliate companies.
This agreement includes important information regarding your obligations as a member on this site, your content, the limitation of our liability to you, and how disputes will be resolved (arbitration).
Please make sure to fully read this agreement, because your use of http://plantribe.io is subject to all of these terms.
1. Using the Plantribe.io Marketplace.
- Profile for Designer Storefronts. If you are an architect or designer, you may set up a Designer Storefront, and you give us permission to list your Designer Storefront on Plantribe.io, in our directory of Architects and Designers. By creating a Designer Storefront, you will be able to connect with others on this Plantribe.io marketplace.
- Acceptable Use Policy. When you become a subscriber or are using the Plantribe.io marketplace, you agree to abide by common standards of etiquette and act in accordance with all applicable laws.
- Termination. You may cancel your account at any time. We reserve the right to permanently or temporarily suspend your use of Plantribe.io or our services to you, at any time, for any reason, without any notice or liability to you.
2. Your Content.
- Definition. Plantribe.io allows you to upload to the site floor plans and related materials, including but not limited to profile pictures, images, messages, design projects, and company information (collectively, “Your Content”). As a member of the Plantribe.io community, you agree that Your Content may be viewed by the general public and will not be treated as confidential or private.
- License Use and Content Permission. In subscribing to Plantribe.io you grant us, without compensation to you or others, a non-exclusive, fully paid, royalty-free, worldwide license and sub-license to publish and display on our site and in our marketing materials Your Content, or any portion thereof, throughout the world in any media format and/or distribution method. Such license or permission will remain in place so long as you are a member of Plantribe.io and for twenty-four months after you cease to be a member of Plantribe.io.
- Ownership. We acknowledge and agree that you and your company retain ownership of any and all copyrights in Your Content, subject to the non-exclusive rights granted herein, and that no copyright ownerships are transferred to us under this agreement. We will use Your Content to create the Plantribe.io user experience and for Plantribe.io promotion purposes only. We will use commercially reasonable efforts to attribute photos uploaded by you, and we will not license or sublicense them to third parties. Plantribe.io offers features and functions to our subscribers and users that allow them to interact, view, and make comments using Your Content (in My Plan Room, My Plan Modifications, and various sketch tools).
Your Content, Your Responsibility.
By uploading Your Content on Plantribe.io marketplace, you warrant that you have the ownership rights, or you have obtained permission or all required licenses from any parties necessary, to use Your Content on this site as we see fit. This includes granting Plantribe.io the rights to use Your Content in accordance with this agreement. You agree and accept full responsibility for avoiding infringement of personal or intellectual property rights of others in connection with Your Content. You agree to pay all fees, royalties, and any additional monies owed to any person by reason of Your Content.
You also acknowledge and agree that you are responsible for the accuracy of all prices and content including any design or structural elements, related to your house plans. You are responsible for paying any and all taxes or fees, local, state or federal, related to the sale of your house plans, in addition to any shipping and handling of your plans and products. You are responsible for any harm, fine, loss or damage to people or property relating to construction based on Your Content.
- Limits. We reserve the right to remove, edit or revise Your Content, in whole or part, for any reason without notice.
3. Our Content and Materials.
- Definition. All intellectual property in or related to Plantribe.io, including but not limited to, our platform, logo, designs, buttons, content, and the code to operate our site, but excluding Your Content, is the property of Plantribe.io (collectively, “Our Content and Materials”).
- Restrictions. Except as outlined in this agreement, you agree not to reverse engineer, modify, use, reproduce, distribute, license, sell, decompile, or otherwise exploit Our Content and Materials without our express written permission. You are prohibited from using any data gathering, extraction tools, data mining or similar extraction tools on Plantribe.io.
- Ownership. You agree and acknowledge that Our Content and Materials will at all times remain the property of Plantribe.io and will at no time be your property. The content, materials, services and information available on Plantribe.io are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You agree that, by using Plantribe.io marketplace, you do not acquire any ownership rights in Our Content and Materials.
4. Reporting Violations of Your Intellectual Property Rights or Applicable Laws
- Copyright, Trademark and other Violations. If you believe content or materials on Plantribe.io violates or infringes on intellectual property, copyright, trademark or other applicable laws, please send an email to email@example.com detailing your claim.
- Plantribe.io has no obligation to delete materials or content that somebody may find objectionable or offensive. We will make every effort to respond quickly to requests to remove content and material consistent with our policies described in this agreement.
5. Disclaimers and Limitations of Liability.
PLEASE CAREFULLY READ THE FOLLOWING, SINCE IT LIMITS THE LIABILITY OF PLANTRIBE.IO ENTITIES TO YOU.
The “Plantribe.io entities” means Plantribe.io and any affiliate companies, partners, officers, directors, agents, shareholders, employees and representatives of each of these. Each provision below applies to the maximum extent permitted under applicable law:
- Plantribe.io makes available to you the website, functional services, plans and/or product materials, and any third-party content on an “as available” and “as is” basis, without warranty of any kind, expressed or implied. Without limiting the foregoing, Plantribe.io entities expressly disclaim any and all warranties of merchantability, accuracy, title, completeness, quiet enjoyment, fitness for a particular purpose, and non- infringement, and any warranties occurring out of the course of trade usage or dealing or of error-free or uninterrupted service.
- Plantribe.io expressly disclaims all liability and makes no promises with respect to: 1) Content posted by any third party on this site, 2) the products and/or product descriptions on this site, and 3) the conduct and/or quality of any third party you connect with when using this site.
- You acknowledge and agree that Plantribe.io entities will not be liable to you under any theory of liability. Without limiting the foregoing, you agree that Plantribe.io entities specifically will not be liable for any indirect, consequential, special, incidental, or exemplary damages, business interruption, reputational harm, loss of business or personal profits, or loss of data arising out of and in anyway connected to your use of, or inability to use, this site or its services. By using this site or being a subscriber to Plantribe.io, you acknowledge that your use of this site, services, functionality and information is solely at your own risk.
You agree to fully indemnify, defend, and hold Plantribe.io Entities and their directors, officers, agents, consultants, partners, shareholders, employees, and other representatives, harmless from and against any and all losses, damages, claims, costs (including reasonable attorneys' costs and fees), and other expenses that arise indirectly or directly out of or from: (a) any allegation that any content and/or materials that you upload or transmit on Plantribe.io infringe or otherwise violate the copyright, trademark, patent, trade secret, or other intellectual property or other rights of any third-party; (b) any allegation that any construction based on any content and/or materials that you upload or transmit on Plantribe.io caused any direct, indirect, consequential or other damages or harm to persons or property; (c) your breach of any part of this agreement; and/or (d) your willful or negligent misconduct.
7. Dispute Resolution.
- Controlling Law and Jurisdiction. This agreement will be interpreted in accordance with the laws of the State of Wyoming and the United States of America, without regard to their conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a federal or state court located in Raleigh, NC for any actions for which the arbitration provision, as set forth in the Dispute Resolution Section, does not apply.
- To resolve any Dispute (defined hereinbelow) quickly and economically (and particularly, to avoid unnecessary legal fees), and to preserve their privacy and ongoing business relationships, the parties intend that any Dispute shall be settled through non-binding mediation or binding arbitration.
- Mediation. If any claim, controversy, issue or dispute among the parties relating your use of Plantribe.io or to this agreement or any breach thereof, including without limitation any claim that this agreement is invalid, rescinded, voidable or void ("Dispute"), is not settled by direct discussions within thirty (30) days after written notice of the Dispute, the parties agree first to try in good faith to settle the Dispute by one round of non-binding mediation under the Commercial Mediation Rules of the American Arbitration Association ("AAA"), in Raleigh, N.C., U.S.A.
- Arbitration. If the parties fail to settle a Dispute through mediation, it will be settled by binding arbitration before a mutually agreed upon arbitrator pursuant to the Commercial Arbitration Rules of the AAA, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. If the parties fail to agree on an arbitrator, the AAA office nearest to Raleigh, N.C. shall assign an arbitrator. The arbitration shall take place in Raleigh, N.C. Judgment on the award rendered by the Arbitrator may be entered in any court having jurisdiction thereof. You agree that you and Plantribe.io each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding. Further, unless agreed in writing by both parties, the arbitrator may not consolidate more than one person’s claims and may not preside over any form class action proceeding. Except if this Section is held unenforceable, this “Dispute Resolution” Section will survive any termination of this agreement or your membership or use of the site.
- Assignment. No terms of this agreement, nor any obligation, right, or remedy hereunder is delegable, transferable, sub-licensable, or assignable by you. Under its sole discretion, Plantribe.io may assign, delegate, or transfer this agreement or any right or obligation or remedy hereunder.
- Waiver. Our failure to assert a right or provision under this agreement will not constitute a waiver of such right or provision.
- Entire Agreement/ Severability. This agreement supersedes all prior terms, discussions, emails, writings or agreements, as it relates to Plantribe.io, and this constitutes the entire agreement between you and us regarding Plantribe.io. If any provision in this agreement is found to be unenforceable, then (except as expressly provided otherwise in the Dispute Process section) that provision will not affect the enforceability of the remaining provisions in this agreement, which will remain in effect and in full force.
- Survival: All of the provisions herein will survive termination or expiration of this agreement.
- No partnership, employment, agency or joint relationship exists between you and Plantribe.io as a result of this agreement or your use of the site, or purchase of any of your plans.
- The person accepting the terms of this agreement on behalf of each party warrants and represents that they are authorized by that party to accept, and be bound by, these terms.
- The headings in these terms are for convenience only and are not to be considered in construing them. All references in the terms to “including” shall be deemed to mean, “including, but not limited to.” All references in these terms to “we,” “our” or variations thereof shall be deemed to refer to Plantribe.io. All references in these terms to “you,” “your” or variations thereof shall be deemed to refer to you individually, if you are entering into this agreement on an individual basis, and to the corporation, partnership or other organization or legal entity that you represent, if you are entering into this agreement on behalf of such organization or entity.
- We will send any notices that are intended for you personally and not all users of the site to you at the most recent email address we have on file for you. Any notice from you to Plantribe.io should be sent by email to firstname.lastname@example.org
- Contact. Feel free to contact us with any questions about this agreement at: email@example.com.