1. PROCAD SA in Gdańsk, ul. Kartuska 215, entered into the National Court Register under KRS No. 0000258329, represents that:
1. it operates the ARCHISPACE online portal at www.archispace.com, being an IT platform of information that is easily accessible and updated on the on-going basis and is dedicated to products, materials, and technologies used in the process of designing and preparing technical documentation of building investment projects. ARCHISPACE is dedicated to manufacturers and designers (architects and designers of the construction sector). The basic element of ARCHISPACE are finished products presented in a digital form, ready to use during designing with CAD systems. A typical product is presented in 3D models, CAD drawings, detail drawings of structural solutions and technical information, calculations, descriptions, and photos – elements necessary during the selection process;
2. PROCAD SA shall provide the option to use the ARCHISPACE platform with a unique account (login and password) to every person who accepts these terms and conditions of using the ARCHISPACE portal and undertakes to follow the same. These Regulations apply to each and every person who holds an Account in the service and to every person who receives access to and the possibility of using an Account from an owner, hereinafter referred to as User. The use of the service means the explicit acceptance of the terms and conditions hereof; and
3. the use of the ARCHISPACE platform may be as either by ‘Producer’ or ‘Designer’. Opening and using an account may be either free-of-charge or paid. The use of a paid account is subject to an additional performance contract.
2. The terms and conditions of using the ARCHISPACE platform include:
1. this Contract; and
2. a Performance Contract (applicable to the paid service).
3. The acceptance of the terms and conditions of using the ARCHISPACE platform takes place with a declaration in writing or an e-mail with an application for granting a login and password, checking a relevant option during online registration or starting to use ARCHISPACE with the granted (or selected) electronic login and password. At the latest upon starting to use ARCHISPACE with the login and password, a User is bound by the rights and obligations described in the Terms and Conditions of using ARCHISPACE and undertakes to follow the same.
4. A User undertakes not to use or introduce any automated systems (including other robots, automata used to download graphic files (spider)) or tools designated to review content offline (offline readers) that would get access to ARCHISPACE by sending more enquiries to the servers of ARCHISPACE in a period than could be sent by a man using a publically available standard browser (i.e. not modified).
5. FILES PLACED ON THE ARCHISPACE PLATFORM:
1. Texts and binary data are placed in the form of texts, photos, and CAD files in the ARCHISPACE database with the form available in the User administration panel. By entering a product, a User is obliged to determine its characteristics by classifying it into a relevant category.
2. While introducing product data (‘Design’) in the ARCHISPACE service, a User keeps any and all copyrights thereto. A User shall have the right to place in the service only the Designs to which he holds copyrights in the sufficient scope. Placing Designs that violate copyrights of third parties may result in blocking or deleting a User Account.
3. A User who places files or content in the ARCHISPACE service, in particular Designs (hereinafter referred to as Works), that constitute works in the meaning of the Act on copyrights and related rights of 4 February 1994 (the harmonised text in the Journal of Laws from 2000, No. 80, Item 904 as amended) gives a licence to PROCAD AS in all fields of exploitation provided for in the above-mentioned Act; in particular, a User grants the following rights to Works:
1. unlimited in time, unconditional, and free-of-charge right on an unlimited territory to distribute with any means, including to lend, lease, and rent (in whole or in any part), to launch on the market in any form and in any manner (in whole or in any part), including within IT systems, over the Internet or in any other manner, and to save in the computer memory (in whole or in any part); the provisions of this subsection shall apply also to modified Works, including modified ones as to a IT saving format of Works,
2. unlimited in time, unconditional, and free-of-charge right on an unlimited territory to save in a computer memory, the right to display in public, show, broadcast, emit and reemit via any media (in particular with vision and/or sound) and the right to provide other public access; the provisions of this subsection shall apply also to modified Works, including modified ones as to a IT saving format of Works,,
3. unlimited in time, unconditional, and free-of-charge right on an unlimited territory to publish Works in the ARCHISPACE service and, for the promotion and marketing of the ARCHISPACE service, in any other services or websites, including in any other media (including television and press) and in any forms (including digital and magnetic recording),
4. unlimited in time, unconditional, and free-of-charge right on an unlimited territory to the permanent or temporary multiplication and saving of Works and their modified versions (in whole or in part) with any means or techniques, in particular with printing, reprography, optical, magnetic, magnetic-optical, digital and any other ways and techniques of recording, existing at present or created in the future, in any forms, in particular any and all types and formats of CDs, DVDs, optical disks, magnetic-optical disks, magnetic disks, and compact disks and any other forms of data storage devices, existing at present or created in the future,
5. unlimited in time, unconditional, and free-of-charge right on an unlimited territory to sublicense within the rights granted herein (within the limits of granted licence),
4. While placing any files and content in the ARCHISPACE service, in particular Designs (including Works), that constitute works in the meaning of the Act on copyrights and related rights of 4 February 1994 (the harmonised text in the Journal of Laws from 2000, No. 80, Item 904 as amended), a User grants to other Users of ARCHISPACE the unlimited in time, unconditional, and free-of-charge right on an unlimited territory in all fields of exploitation provided for in the above-mentioned Act to use the Works as elements of architectural-building designs. Any modifications of the architectural or structural patterns or design, etc. by the Users shall be allowed only by consent of the User who has placed the file in ARCHISPACE, provided he owns copyrights in this respect. Moreover, selling files collected from ARCHISPACE is prohibited as well as deleting information about the authors or owners of copyrights or a producer of building materials who presents a Design.
6. PERSONAL DATA PROTECTION
1. An effective opening of the account by a user through pressing the panel „Send a registration” results in automatic permission for :
a. personal data processing for marketing purposes by PROCAD SA, 215 Kartuska Street, 80-122 Gdańsk,
b. sharing personal data with business partners by PROCAD SA whose list might be found on the website of ARCHISPACE at the following address :http://www.archispace.pl/node/3
c. the usage of telecommunication terminal equipment and automated calling system for direct marketing purposes according to the content of law art.172 from 16 July 2004 Telecommunications law,
d. uploading business information by electronic means of communication within the meaning of the Act from 18 July 2002 about supplying services online.
1. The personal data controller is PROCAD SA, 215 Kartuska Street, 80-122 Gdańsk, KRS no. 0000258329. The legal basis of processing is the agreement regarding the usage of Archispace.pl platform.
2. Personal data shall be stored for the duration of the agreement (owning an account in Archispace.pl), and also after its expiry in order to bring claims connected with the execution of the agreement, performing the duties resulting from legislation, including in particular tax and accounting, and for statistical and archiving purposes. The Controller reserves the right, through the whole period of the agreement, to perform the marketing activities by electronic means of communication, telecommunication terminal equipment and automated calling system. Deleting the account in Archispace shall result in discontinuing the marketing activities, unless the user agrees on further data processing for designated purpose at the following address: firstname.lastname@example.org .
3. The user, who is an individual, is entitled to the rights of access request to their own personal data, their correction, removal and limiting the processing, the right to transfer the data and filing a complaint to a supervisory authority relevant to a personal data protection. Submitting the data in order to conclude the agreement is obligatory, whereas the lack of it shall result in impossibility to register in Archispace.pl
1. No user of ARCHISPACE may file any claims against PROCAD SA due to Works placed in the service, their usefulness, safety, etc. Users acknowledge and accept the fact that PROCAD SA provides only a platform for exchanging information and presenting products and does not affect their content. The only obligation of PROCAD SA concerning the content is that PROCAD SA undertakes to block access to a product or Works for 72 hours, to which a third party files a claim by declaring that it violates its copyrights. After 72 hours, access shall be restored, unless the above-mentioned third party presents a court order that prohibits the distribution of Works or another document that confirms its rights in a reliable manner, which shall be recognised by PROCAD SA. The above provision constitutes all the duties of PROCAD SA in this respect and no Party may file any claims against PROCAD SA due to the above-mentioned actions or decisions of PROCAD SA.
2. PROCAD SA undertakes to provide the highest quality of its services; however, it shall not be liable for any interruptions in the operation of ARCHISPACE due to circumstances that are out of its control, even if they cause the loss of data on accounts of Users. In particular, PROCAD SA shall not be liable if Users are prevented from using ARCHISPACE temporarily, due to the modifications or improvements made to the IT system or hardware. Users shall be informed of any technical breaks and their time as far as possible. In particular, PROCAD SA shall not be liable for:
1. content published by Users on the websites of the Service,
2. the correct operation of the Service,
3. any effects of the improper use of the Service by its Users,
4. the loss of content placed by a User or the resulting damage, or
5. damage suffered by Users as a result of third parties gaining access to data of the User’s Account.
3. PROCAD SA reserves the right to delete any content that is illegal, vulgar, offensive, or violates the rules of social harmony. A User who places or distributes any such content shall bear penal and civil liability towards PROCAD SA or other Users.
4. PROCAD SA reserves the right to block an account of the User whose operations are considered by PROCAD SA to be damaging to the ARCHISPACE service or other Users. PROCAD SA shall have the right to block access to ARCHISPACE by a User who violates any provisions hereof.
5. PROCAD SA informs Users that logins into the server are registered, including an IP address. PROCAD SA informs Users that whenever it receives a request from an authorised state authority obliged to detect, prevent, or prosecute crime, PROCAD SA shall provide such authorities with relevant data related to the operation of the Service, including data concerning the IP of a user who has placed data in the server or used it otherwise. PROCAD SA guarantees that in this respect it operates exclusively according to applicable regulations that require the transfer of such data.
1. A User may discontinue to use ARCHISPACE and delete any products and Works placed therein by written notice to PROCAD SA.
2. If an account of a User and files (Works) placed by a User are removed, the licence granted to PROCAD SA to their distribution shall remain in force with respect to the data of the User and his designs placed by PROCAD SA on data storage devices (CDs, DVDs, Blue-ray, etc.) distributed (or prepared for distribution) as elements of marketing and promoting the ARCHISPACE portal.
3. For evidence purposes, any data deleted by a User shall be stored in the system for 1 year in a manner that is not visible for other Users.
9. FINAL PROVISIONS
1. These Regulations shall come into effect on 1 April 2017.
2. PROCAD SA reserves the right to amend these Regulations for convenience, and these Regulations shall apply in the version available at https://www.archispace.com/terms. Any and all amendments hereto shall come into effect when published on https://www.archispace.com/terms. Users shall be advised of any changes to the Regulations via their e-mail box (an integral part of an account of every User). Every User is obliged to check the provisions hereof before commencing to use the Service. Users who do not give their consent to the use of ARCHISPACE on new terms and conditions shall contact PROCAD SA. No contact shall mean the approval of the new Terms and Conditions.