Last Updated: April 11th, 2013
Your access to and use of this Service is governed by these Special Service Terms and the Terms of Service (“Terms of Service”) which incorporate these Special Service Terms by this reference (collectively, “these Terms” herein).
I. HOW OTHERS MAY USE YOUR CONTENT
If Your Content is published, shared, posted or otherwise made available for others to use, view or access through the Service, you grant to each other user of the Service the non-exclusive, world-wide, royalty-free, fully paid, right and perpetual license to access Your Content through the Service and to copy, display, share, distribute, rate, comment on, perform, use and create derivative works based on Your Content (e.g., create rooms based on your designs), subject to these Terms.
II. HOW YOU CAN USE OUR 3D MODELS
A. Limited License to Our 3D Models. Subject to the terms and conditions of these Terms, Service functionalities, and any additional licensor and/or other restrictions, you are hereby granted a limited, revocable, non-exclusive, license: (1) to access through the Service any of Our Materials in the form of 3D digital models, textures, images, shapes or UI skins (each “Our 3D Model” and collectively “Our 3D Models”); (2) to drag, drop, and resize Our 3D Models within the Service; (3) to use the Service to incorporate any 2D image(s) of Our 3D Models as part of any of Your Content in the form of photograph(s) you create or upload from your mobile device to the Service (each resulting photograph a “2D Output”); (3) save such 2D Output within the Service; and (4) to share, distribute and display such 2D Output from the Service as follows:
- as part of the Service’s Gallery,
- on social networking web sites and services, and/or
- as part of a portfolio, library or web site for demonstration purposes only;
provided, that the result of your exercising the above license doesn’t violate our “Be Nice” Policy, and subject to the limitations in Section II B hereinbelow. You acknowledge and agree that all other rights or sub-divisions of rights (including those generally included in copyright) are excluded from this license and remain, as between you and us, our sole property.
B. Limitations. Notwithstanding anything to the contrary, (1) you are expressly prohibited from using, selling, licensing or sublicensing, publishing or republishing, distributing, redistributing, exploiting or otherwise making available any of Our Materials (including any 3D Models) and/or any 2D Output: (a) to any stock photo company; (b) to any publication, web site or service (whether such publication, web site or service is online, mobile or otherwise) with a substantial focus on CAD/CAM/PLM solutions, home improvement, interior (or exterior) design or architecture; or (c) other than as expressly permitted herein; and (2) you must not remove any link or copyright, trademark or other proprietary notice from Our Materials (including on any of Our 3D Models) or any 2D Output. You must not make any representation or warranty to any third party regarding Our 3D Models or the physical items that Our 3D Models represent.
C. No Rights in Our Materials; No Joint Works. Nothing in these Terms should be construed to give you or anyone else any right, title or interest in any of Our Materials and, except as expressly set forth herein, any and all rights and licenses not expressly granted to you by these Terms are hereby expressly reserved by us. You and we do not intend to merge any of Our Materials and Your Content into inseparable or interdependent parts of a unitary whole, and no joint works are to be created or shall be deemed to have been created hereunder.
D. Other Terms. Without limitation, this Service is not intended for the exchange of Sensitive Personal Information, and by using this Service, you agree that you will not include in Your Content any Content which violate(s) another’s rights and will not include any image(s) of any individual(s) from which their personal identity could be determined. In the event of any irreconcilable conflict or inconsistency between any of the terms and conditions of the Terms of Service and those of these Special Service Terms, the terms and conditions of these Special Service Terms will govern.
III. HOW YOU CAN CONTACT US
If have any questions regarding the Service or you want to contact us, please direct your communications as follows:
- ACCOUNT: To terminate or for questions about your account, please contact us by e-mail at firstname.lastname@example.org.
- COPYRIGHT INFRINGEMENT: For claims of copyright infringement, please contact email@example.com in accordance with Section 19.c. (Claims of Copyright Infringement) of the Terms of Service.
- OBJECTIONS TO CHANGES: If you do not agree to material changes we’ve made to these Terms, please follow the instructions in Section 19.g. (Changes or Updates to these Terms) of the Terms of Service.
- TECHNICAL QUESTIONS AND ALL OTHER INQUIRIES: For technical questions and all other inquiries, please visit http://community.homestyler.com/homestyler.