Terms and Conditions
Last updated: June 20, 2018
Tiny Society – David Morneau
Third Parties – Architects and/or Designers
These Terms and Conditions (“Terms”) written on this webpage shall manage your use of this Service. These Terms will be applied fully and affect your use of this Service. By using this Service, you agreed to accept all terms and conditions written in here. You understand that it is an agreement between you and this (hereinafter referred to the “Tiny Society”). You must not use this Service if you disagree with any of these Service Standard Terms and Conditions.
Please read these Terms and Conditions carefully. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms are applied to all visitors, users and others who access or use this Service. By using them in any manner you agree to be bound by these Terms without modification.
3. Description of Service
The purpose of this Service is to provide the customers with the possibility to search, save and customize house plans that suit budget, site and other criteria.
Any and all visitors to our Service shall be deemed as “users” of the herein contained s provided for the purpose of this Terms.
The user acknowledges and agrees that services provided and made available through our Website are the sole property of the Tiny Society. At its discretion, Tiny Society may offer additional Services or update, modify or revise any current content, so this Agreement shall apply to any and all additional services, all updated, modified or revised s unless otherwise stipulated. Tiny Society does hereby reserve the right to cancel and cease offering any of the aforementioned services. You, as the end user acknowledge, accept and agree that Tiny Society shall not be held liable for any such updates, modifications, revisions or discontinuance of any of our Services and/or products. Your continued use of Tiny Society provided your acceptance of such updates, changes and modifications. Should you not agree to the updated, revised or modified terms, you must stop using the provided s forthwith.
Furthermore, the user understands, acknowledges and agrees that s offered shall be provided “AS IS” and such Tiny Society shall not assume any responsibility or obligation for the plans, timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
To register and become a “member” of the Service, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving our Services under applicable jurisdiction.
Users who wish to register with the Tiny Society are required to provide true, accurate, current and complete information about themselves as prompted by registration forms provided. You agree to update your information should there be any changes, in order to keep registered information true, accurate, current and complete. If you provide information contrary to aforementioned conditions, we may deny you or terminate your access to the Service. We are not responsible for any failure in providing the service, which results from information that is not true, accurate, current and complete.
When you register, the Tiny Society may collect information such as your name, e-mail address, mobile number and other. You can edit your account information at any time. You don’t have to pay a fee for registration.
If you violate the letter or spirit of this Agreement, abuse the Services, or otherwise create risk or possible legal exposure to Tiny Society, we can terminate or suspend your access to the Service at our sole discretion.
6. Member account, username, password and security
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the Terms and Conditions. It shall be a responsibility to notify the Tiny Society immediately any unauthorized access or use of your account or password or any other breach of security. If you ever find out or suspect that someone accesses your account without authorization, you are advised to inform us immediately. The Tiny Society shall not be held liable for any loss and/or damage arising from any failure to comply with this term of use.
7. Modification of Terms
Tiny Society reserves the right, at its sole discretion, to modify or replace the Terms and Conditions. It is your responsibility to check the Terms periodically for changes. Your continued use of the following the posting of any changes to the Terms and Conditions will be subject to the new Terms and Conditions.
You agree that the clauses of Terms that are considered to be ineffective do not affect the validity of this document. Above-mentioned clauses have to be regulated by current legislation.
8. Intellectual Property Rights
You are granted the limited license only for purposes of viewing the material contained on this Service.
As a condition of your use of the Service, you warrant to Tiny Society that you will not use the Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Service in any manner, which could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.
9. Restrictions and obligations
You are specifically restricted from all of the following:
- publishing any Service material in any other media;
- selling, sublicensing and/or otherwise commercializing any Service material;
- publicly performing and/or showing any Service material;
- using this Service in any way that is or may be damaging to this Service;
- using this Service in any way that impacts user access to this Service;
- using this Service contrary to applicable laws and regulations, or in any way may cause harm to the Service, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Service;
- using this Service to engage in any advertising or marketing.
Certain areas of this Service are restricted from being access by you and may further restrict access by you to any areas of this Service, at any time, in absolute discretion.
You warrant that you will abide by, without limitation, all applicable local, national and international laws and regulations with respect to your use of the Service and not interfere with the use and enjoyment of the Service by other users or with the operation and management of the Service.
Accessing the Service is prohibited from territories where the Service or any Content is illegal; you are responsible for compliance with local laws.
General copyright. You are granted a limited license only for purposes of viewing the material contained on this Service. As a condition of your use of the Service, you warrant to Tiny Society that you will not use the Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Service in any manner, which could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Service, is the property of Tiny Society or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Service. Your use of the Service does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Tiny Society and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Tiny Society or our licensors except as expressly authorized by these Terms.
Special copyright. Our Service offers plans created by third parties. The copyright of each plan belongs to them or Tiny Society.
In the first case, Tiny Society sublicenses appropriate intellectual property rights to User (indirect license) or third party licenses these rights directly to User (direct license). The User may be required to sign a license agreement (hereinafter referred to the “Agreement”) in order to obtain abovementioned rights, in another way the order will be canceled and refunded. Please note, Agreement is considered to be the additional one to these Terms.
In the second case, Tiny Society licenses appropriate intellectual property rights directly to User. Our Service provides you with non-exclusive, royalty-free License to one-time usage in your project construction, unlimited modifications and reproducements accordingly to User’s specific needs, local laws and land issues. User hereinafter agrees to obtain:
- non-transferable rights;
- single usage rights. User is obliged not to sell, publish or otherwise disclose the object of the license;
- one-time usage rights. The User is not allowed to reuse the object of the license without the prior written consent of Tiny Society;
- a duty to approve the Plan by a professional before the start of construction;
If you request Tiny Society or Third Parties to customize the Plans, the following provisions should apply:
Either Tiny Society and its affiliates or Third Parties are subjects that are responsible for providing Customization Services on request. References to Tiny Society may mean referencing to Tiny Society’ affiliate or Third Parties. Tiny Society, as well as Third Parties, will keep the full scope of Intellectual Property Rights in any customized plans, including the situation if customized plans constitute a reflection of your comments or input.
We will offer you the suggested scope of work (“Scope”) based on price quote in case we receive a request for customization services from you. When we succeed with providing you with the customized plans that essentially correspond to the scope, the customization services will be considered to be completed.
Requested revisions to the customized plans as well as any other services are not prescribed by the Scope will be regarded as “Additional Services” that will cost additional fee established in a price quote. Unless other provisions are prescribed by the Scope, Customization Services will not include architectural or engineering services needed to alter or amend previously established Plans in order to comply with the recent legislative (Applicable Laws) changes; services of construction cost estimating and other relative services; selection services and services of site evaluation; services of design and construction review required to guarantee safety precautions required for the contractor or construction manager to complete its work, but that does not relate to the final structure; or default necessary services, services required because of the failure of performance or termination of the contractor or construction manager under its contract or by defects or deficiencies in the work of a contractor or construction manager.
In case you made a decision of making a customization services purchase, it would be considered that you gave your consent to paying costs specified in the original price quote. You will be considered to give your consent to pay fees specified in the price quote in case you decide to purchase additional services. Under any circumstances, you will be required to pay reimbursable expenses incurred in the interest of the project. Such expenses include costs up by 10%, of consultants, reproductions, postage and handling, faxes, photography, messenger service, long distance telephone calls, travel and meals, supplies, renderings and models and approved overtime work. You should complete the payment at a time of purchase for initial customization services as well as at the moment of purchase of any mentioned above additional services. You will pay interest for the payments that are due and unpaid more than thirty (30) days after of invoice, at a rate equal to the lesser of (i) 1.5% per month, or (ii) the highest rate permitted under applicable law. Without any restrictions imposed on any other rights or remedies under these Terms or according to the legislation (Applicable Laws), Tiny Society may withhold the release of contract documents for a permit, bidding, and construction, if payment on invoices is not current.
User hereinafter agrees to be responsible for providing full and specific data that relates to custom changes and budget requirements and all physical information about the construction place; transferring approvals and decisions appropriately and as necessary for the orderly progress of the Customization Services and in accordance with the mutual schedule; getting, for your own costs, all needed soil investigations and land surveys; crediting Tiny Society and the Designer in the project design involving public participation; granting, if needed, a written depiction and/or sketch outlining the suggested changes; providing a copyright release that corresponds to Tiny Society if you have the plans that will be subject to the Customization Services; giving access to the project place at any reasonable hours and shall be permitted to take photos of the project during construction and up to the completion of its records and future use.
13. Service Rules and Conduct
You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit, link to or otherwise distribute or facilitate distribution of any content on or through the Service, that:
- infringes any patent, trademark, trade secret, copyright, the right of publicity or another right of any other person or entity;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, Tiny Society of another’s privacy, tortious, obscene, offensive, or profane;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- involves commercial activities and/or sales without Tiny Society prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Tiny Society or any third party; or
- impersonates any person or entity, including any employee or representative of Tiny Society.
You shall abide by all applicable local, state, national and international laws and regulations.
Malicious access to the Tiny Society
You shall not:
- take any action that imposes or may impose (as determined by Tiny Society in its sole discretion) an unreasonable or disproportionately large load on Tiny Society (or its third party providers’) infrastructure;
- interfere or attempt to interfere with the proper working of the or any activities conducted on the Service;
- run Maillist, Listserv, any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Service.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you: (i) without the consent of the respective owners or other valid right and (ii) in any way that violates any third party right.
You may, to the extent the Service expressly authorizes you to do so, download or copy Content, and other items displayed on the Service for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content.
Please be aware that the Service or other features of the Service may contain, or direct you to Services containing, information that some people may find offensive or inappropriate.
You agree to indemnify, defend and hold harmless Tiny Society, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Service or s, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Tiny Society reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Tiny Society in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration or a similar arbitration selected by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions.
16. Liability Disclaimer
USER HEREINAFTER AGREES THAT TINY SOCIETY OR/AND ITS DESIGNERS ARE NOT RESPONSIBLE FOR ANY PLANS.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TINY SOCIETY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICE AT ANY TIME.
TINY SOCIETY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SERVICE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TINY SOCIETY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TINY SOCIETY/DESIGNERS ARE NOT RESPONSIBLE FOR THE PROBLEMS WITH SERVER AND LOSING THE DATABASE.
Tiny Society welcomes your questions or comments regarding the Terms. Email Address: firstname.lastname@example.org.