Last Revision: 5/20/2015
America’s Building Records, Inc. (the “Company”), provides online data storage and sharing services offering a selection of user-submitted online content (collectively, the “Content”). The Company’s service, the Content, and any other features, tools, applications, materials, or other services offered from time to time by the Company in connection with its business, however accessed, are referred to collectively as the “Company’s Services.”
To access and use the Company’s Services, you (the “User”) must agree to, and follow, the terms and conditions set forth in these Terms and Conditions of Use (“Terms”). By registering an account through the Company’s website via the address https://buildingrecords.us (the “Website”) or using any of the Company’s Services (including accessing any Content), you are agreeing to these Terms. By using the Website or the Company’s Services, you represent and warrant that you are at least eighteen (18) years of age or that you are at least thirteen (13) years of age and using the Website or the Company’s Services with the consent of your parent or guardian. If you do not agree to abide by the Terms, as amended from time to time, do not use, access, or make purchases from the Website or otherwise utilize the Company’s Services.
The Company reserves the right, at its sole discretion, to change, modify, add, and delete portions of the Terms at any time without notice to the User. Changes to the Terms will be posted to the Website, and the date posted at the top of this page will reflect the date the Terms were most recently revised. It is the User’s responsibility to check the Website regularly to determine if changes have been made to the Terms and to review such changes. Before clicking “I accept,” please read the Terms carefully as they contain important information regarding your legal rights, remedies, and obligations.
The Company requires payment in full for each membership consistent with the billing option selected by the User at the time of registration. If a User elects to pay up front for a six month or month to month membership, then a license will issue at the time of payment and remain in force so long as the User continues to make on-time payments for the User’s membership. If the User elects to participate in the thirty-day trial option, then a license will issue for the trial period and remain in force so long as the User makes on-time payments for the User’s membership. If payment is not made at the end of the trial period, or if a User otherwise fails to make payments to the Company for the User’s membership, then that User’s membership may be terminated. The prices listed on the Website may not include applicable taxes.
III. INTELLECTUAL PROPERTY MATTERS
A. Ownership of Content. The Website contains, or may in the future contain, copyrighted material, trademarks, other proprietary information, including, without limitation, text, software, photographs, graphics, video, music, and sound. This Content is protected by copyright law, trademark law, and other intellectual property rights. The Company owns the intellectual property rights in the selection, coordination, arrangement, and enhancement of the Content, as well as in all Content that is original to the Company or has been assigned to the Company. You may not reproduce, distribute, display, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, any of the Content, in whole or in part, except as provided in these Terms or as approved in advance in writing by the Company. Users who have not obtained valid Licenses (as described below) are not authorized to use the Company’s Services.
B. User’s License. As long as the User meets all applicable payment obligations and complies with the Terms, as amended from time to time, the Company is pleased to grant the User a nonexclusive limited license to use the Company’s Services, including accessing and viewing the Content on the Website. The User may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content, including geo-filtering mechanisms. The User may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit, or retransmit the Content unless expressly permitted by the Company in writing. You may not incorporate the Content into, or steam or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by the Company in writing. Furthermore, you may not create, recreate, distribute, or advertise an index of any significant portion of the Content unless authorized by the Company. You may not build a business utilizing the Content, whether or not for profit.
C. User Materials. As part of the Company’s Services, Users may have an opportunity to publish, transmit, or otherwise post (collectively, “Post”) reviews, comments, or other files or materials (collectively, “User Material”). In order to keep the Company’s Services enjoyable for all users, you must adhere to the rules below.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant the Company the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owned to any party by reason of your Posting User Material. The Company will remove all User Material if the Company is properly notified that such User Material infringes on another person’s rights. You acknowledge that the Company does not guaranty any confidentiality with respect to any User Material.
By Posting User Material, you are not forfeiting any ownership rights in such material to the Company. After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant the Company a limited license to use, display, distribute, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the Company’s Services, including on or through the Website, the Company’s affiliate and distributor websites, other websites where users or website operators are permitted to embed any of the Company’s software, and Company authorized applications, features, or devices, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to the Company is nonexclusive (meaning that you are not prohibited by the Company from licensing your User Material to anyone else in addition to the Company), fully paid, royalty-free (meaning that the Company is not required to pay for the use of your User Material), and sub-licensable (so that the Company is able to use its affiliates, subcontractors, and other partners, such as internet content delivery networks, to provide the Company’s Services). By Posting your User Material, you also hereby grant each user of the Company’s Services a nonexclusive, limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Company’s Services and under these Terms.
IV. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND
THOUGH THE COMPANY DOES ITS BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE COMPANY’S SERVICES, YOU AGREE THAT YOUR USE OF THE COMPANY’S SERVICES IS AT YOUR OWN RISK. THE COMPANY, INCLUDING THE COMPANY’S WEBSITE AND OTHER PROPERTIES, THE CONTENT, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE WEBSITE OR THE COMPANY’S SERVICES, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE COMPANY’S SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “COMPANY PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INLCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE COMPANY’S SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE WEBSITE), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 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. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE COMPANY’S SERVICES OR $50.00 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO (1) YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE COMPANY’S SERVICES (INCLUDING YOUR USE OF THE CONTENT) OR (2) CLAIMS BY THIRD PARTIES AGAINST THE COMPANY ARISING OUT OF OR IN ANY WAY RELATED TO THE USER MATERIALS. THE COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
V. MISCELLANEOUS PROVISIONS
B. Suspension/Discontinuation/Account Termination. The Company hopes not to, but it may, change, suspend, or discontinue – temporarily or permanently – some or all of the Company’s Services (including the Content and the devices through which the Company’s Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that the Company may do so in the Company’s sole discretion. You also agree that the Company will not be liable to you for any modification, suspension, or discontinuance of the Company’s Services. The Company reserves the right to immediately terminate or restrict your account or your use of the Company’s Services or access to Content at any time, without notice or liability, if the Company determines in its sole discretion that you have breached these Terms, violated any law, rule, or regulation, or engaged in other inappropriate conduct, or for any other business reason. The Company also reserves the right to terminate your account or your use of the Company’s Services or access to Content if such use places an undue burden on the Company’s networks or services. The Company’s preference would be to avoid such termination; therefore, the Company may use technology to limit activities, such as the number of calls to the Company’s servers being made or the volume of User Material being Posted, and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.
C. Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to the Company’s registered agent.
D. Force Majeure. The Company shall not be responsible for failure to perform any obligations under any agreement which failure is caused by an event that cannot be controlled by the Company, including, without limitation, an act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, or any similar unforeseen event.
E. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Illinois without regard to its conflicts of law provisions. You agree that any cause of action you may have with respect to the Company’s Services or the Website must be filed in the federal or state courts located in Kane County, Illinois, and you waive any objection based on forum non-conveniens. As a condition of using the Company’s Services and the Website, you agree that all causes of action arising out of or connected with the Company’s Services or the Website shall be resolved individually, without resort to any form of class action.
F. Severability and Enforcement. Wherever possible, each provision of the Terms shall be interpreted so that it will be legally effective and enforceable. If the applicable law prohibits or invalidates any provision of the Terms, such provisions shall be rendered ineffective and severable from the remainder of the Terms without affecting or impairing such remainder’s validity.
G. Certain Terms. All references to the plural shall include the singular, all references to the singular shall include the plural, and all pronouns shall include any other appropriate pronoun wherever the text and context so require.
H. Non-Exercise Not a Waiver. Unless otherwise expressly provided by these Terms, the delay or the failure of the Company to exercise any right under these Terms shall not affect the Company’s rights nor shall it constitute an assent to a subsequent breach.
I. Consents Limited. If any action by the User or the Company shall require the consent or approval of the other party, the other party’s consent to or approval of such action on any one occasion shall not be deemed a consent to or approval of said action on any subsequent occasion or a consent to or approval of any other action on the same or any subsequent occasion.
J. Entire Agreement. Subject to the limitation set forth below, the Terms, including the
the parties with respect to the subject matter contained herein. No provision of these
Terms shall be construed as creating a partnership, joint venture, or agency
relationship, or granting a franchise between the Company and the User or anyone