If you are using the directory, the site or other services we offer through www.paperhouses.co (collectively, the “services”) in your capacity as an employee or agent of a company or organization, then any references to you or your in this agreement shall refer to such entity in addition to you in your personal capacity. You warrant that you are authorized to legally bind such company or organization.
This version of the agreement was implemented and became effective on October 27th 2015 (“effective date”). Each of paperhouses and you is a “party” and collectively, Paperhouses and you are the “parties.”
1. Purpose of Paperhouses.
1.1. Open Source Platform
Paperhouses has created and operates an open source home design platform for the sharing of ideas and concepts related to home design. Through the Services Paperhouses makes available to You, subject to the terms and conditions of this Agreement (including the Paperhouses Open Source License below), the concepts, drawings and related work product of world-class home designers (“Home Designs”), as well as software exploration tools, for Your personal non-commercial use. Please review the Paperhouses Open Source License below carefully before accessing or using any Home Design. The Home Designs and other information, materials, and resources available through the Services are all for general informational purposes only, to inspire ideas or form a basis for discussions, and are not suitable for or intended for use as blueprints or architectural plans. Any construction details that may be included in a Home Design (including, but not limited to, details such as window or door size or thickness, foundation plans, electrical, plumbing, heating, or air conditioning layouts, or mentions of particular materials or manufacturers) are included for illustration purposes only as these Home Designs are not intended for construction. Subject to the sole discretion of Paperhouses and the individual or entity that created a Home Design (“Home Designer”), a Home Designer’s contact information may be made available to allow Users to initiate communications with the Home Designer regarding a Home Design and the Home Designer’s services. Any such communication shall be conducted outside of the Services.
Paperhouses provides an online directory (the “Directory”) to allow Users to search for and identify construction companies, general contractors and managing agents, and other home-related service providers (collectively, “Contractors”). On and through the Directory, Contractors may list information about their businesses, products and services (“Project Listings”), and Users can express interest in a Contractor by clicking on and reviewing the Contractor’s Project Listings. Paperhouses may provide You with the contact information of Contractors to allow You to initiate contact with such Contractor. Any such communication shall be conducted outside of the Services. Any budgetary estimation included by the Contractors in the Project Listings are for illustration purposes only.
2. Registration and Eligibility
2.1. Use of the Site and Services is limited to Parties that can lawfully enter into and form contracts under applicable law. Use of the Site and Services is not directed to users under the age of 13. If You are under the age of 13, You are not permitted to use this Site and/or the Services, register as a User, or send any personal information to any entity through the Site. You represent and warrant that if You are an individual, You are of legal age to form a binding contract in your jurisdiction (or if You are not of
legal age in your jurisdiction, but are at least 13 years old, that Your parent or legal guardian has agreed to this Agreement on Your behalf), or that if You are registering on behalf of an entity, that You are authorized to enter into, and bind the entity to, this Agreement. You further represent that You will create and/or use only one account. You shall not provide any false personal information to Paperhouses or create any account for anyone other than yourself (or an entity for which You are authorized to bind) or without such person’s permission.
2.2. Paperhouses reserves the right to refuse registration of, or cancel a registered account in its sole discretion. You are solely responsible and liable for activity that occurs on Your account and shall be responsible for maintaining the confidentiality of Your user name and password. Paperhouses may, in its sole discretion, refuse to offer its Services to any person or entity and change its eligibility criteria at any time.
3. Role of Paperhouses
3.1. You acknowledge, agree and understand that: (i) the Services are intended to provide a forum for Users, Contractors, and Home Designers to share ideas and concepts related to home design, subject to the terms of this Agreement; (ii) Paperhouses is not a party to, and shall not have any liability or obligations related to any transaction between or among any Users, Contractors, and/or Home Designers; (iii) no User, Contractor or Home Designer is an employee, agent, or representative of Paperhouses; (iv) Paperhouses is not an employee, agent, or representative of any User, Contractor or Home Designer; (v) Paperhouses may not review, is not responsible for, and cannot guarantee the accuracy or reliability of Home Designs, Project Listings, or other content provided by Home Designers, Contractors, Users, or other parties; (vi) Paperhouses makes no representations as to (a) the reliability, capability, honesty, qualifications, or other characteristics of any Contractor or Contractor’s statements, or a Home Designer or Home Designer’s statements, or any of their conduct, (b) the reliability, safety, accuracy, or quality of any information in any Home Design, or (c) the quality, safety, or compliance with applicable law of any work delivered by any Contractor. Paperhouses reserves the right, but shall not have the obligation, to review the qualifications of Contractors and require Contractors to abide by certain terms and conditions. You should make whatever investigation or obtain whatever other resources that You deem necessary or appropriate before hiring or engaging Contractors or Home Designers.
4. Intellectual Property Rights; Limited License; Restrictions on Use; Content
4.1. Subject to Section 4.2 and 4.3, below, all content included in the Site or available through the Services, including, but not limited to, User Content (as defined below), Home Designs, and other text, graphics, video, interfaces, logos, button icons, images, data compilations, software, and the compilation thereof (collectively, the “Site Content”) is the property of Paperhouses and its suppliers and licensors and is protected by United States and international laws. Unauthorized use of Site Content (including intellectual property or information contained therein) is prohibited. Paperhouses grants You a limited, revocable, nonexclusive, nontransferable license to view, store, bookmark, download and print the pages within the Site solely for Your personal, informational, and noncommercial use or as expressly authorized by Paperhouses in writing; provided that such downloads and printouts retain all applicable copyright or other proprietary notices and, if applicable, subject to any other additional terms and conditions required to be agreed to by You at the time of printing or download. Except as expressly provided herein, Paperhouses does not grant any express or implied right or license of any kind to You concerning any patents, copyrights, trademarks, trade secrets, or other intellectual property rights, and any modification, reproduction, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Site Content or Services is strictly prohibited without the prior written consent of Paperhouses.
4.2. All Home Designs are the property of Home Designers and are protected by United States and international laws. Unauthorized use of the Home Designs (including intellectual property contained therein) is prohibited. Your use of a Home Design for general informational purposes as described in this Agreement is available at no charge, but shall at all times be governed by the terms of this Agreement, including the Home Design Open Source License (see below) and any additional terms or restrictions Paperhouses or a Home Designer may provide to you.
5. General User Performance; Feedback and Reputation Management.
5.1. You agree to be solely responsible for Your conduct and activities on and regarding the Services and any and all User Content that You submit, post, or display on or in connection with the Services. You shall not post, transmit, or submit through or using the Site or Services any information or content that: (i) is false, inaccurate, misleading, obscene, libelous, abusive, threatening, defamatory, or invades any person’s privacy; (ii) misrepresents Your affiliation with any person or entity, including, but not limited to, the use of similar email addresses or names, or the creation of false account(s); (iii) infringes upon or misappropriates any person’s or entity’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy; (iv) constitutes personal information of another person, including, but not limited to, personal phone numbers, account numbers, personal addresses, or employer references. In addition, You shall not: (i) transmit any code that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (ii) modify, adapt or hack the Services or falsely imply that any other website is associated with Paperhouses or the Services; or (iii) purport to create any liability for Paperhouses to any third party or cause Paperhouses to lose (in whole or in part) the services of Paperhouses’ ISPs or other suppliers.
5.2. Paperhouses provides its feedback and reputation management system as a Service to Users, through which Users can express their opinions and experiences publicly about Contractors. You agree to use good judgment when posting information, comments, feedback or other content regarding Contractors, Paperhouses, Home Designers, other Users, or any third party. Users may be held legally responsible for damages suffered by any person as a result of legally actionable or defamatory User Content.
5.3. You agree that Paperhouses is not and shall not be legally responsible for any remarks, information, or other content posted or made available through the Services by any User, Contractor, Home Designer, or other third party, even if such information or content is defamatory or otherwise legally actionable. Paperhouses does not guarantee the accuracy, integrity, quality or appropriateness of any Site Content or other content, information, material, or resources made available through the Services. Paperhouses shall at all times have the right, in its sole discretion, to maintain, modify, or delete statements, feedback, comments, ratings, or other content, although it shall have no obligation to do so. Paperhouses further reserves the right to remove or restrict access to any information or content posted or made available through the Services if ordered to do so by a court, if Paperhouses considers such information or content to be inappropriate, or for any other reason, in its sole discretion.
5.4. If You register for an account on the Site, all identity information associated with You and Your account must be real and verifiable. You shall at all times ensure that the information associated with Your account is accurate and updated. You are solely responsible for ensuring and maintaining the secrecy and security of Your account information and password. You agree not to disclose your password to, or allow the use of Your account by, any third party. You agree that You shall be solely responsible for any use of Your account or Your password, whether or not You authorize such use.
Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties in contracts, and as a result the contents of this section may not apply to You.
6.1. Paperhouses makes no express or implied representations or warranties with regard to the services, the site, site content, the reliability, quality, safety or accuracy of any information in any home designs, any activities or items related to this agreement or business conducted with a contractor or home designer, all of which are provided “as is.” Paperhouses disclaims any and all promises, representations and warranties, whether express, implied or statutory, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, title and non-infringement. In addition, you agree that no advice or information (oral or written) obtained in connection with your use of the services shall create any warranty of any kind not expressly made herein.
6.2. You understand and agree that paperhouses does not assume, and expressly disclaims, any responsibility or liability for any damages to, or viruses or other malware that may infect your equipment or other property on account of your access to or use of the services. You further understand and agree that paperhouses does not assume, and expressly disclaims, any responsibilitiy or liability for any damage or harm that any use of any home design or other site content or information available through the services causes to any property or person.
6.3. Any of the home designs may or may not have been designed by an individual or entity authorized and/or certified as an architect in your jurisdiction. The home designs are not intended to be used as a substitute for a blueprint, drawing, or similar architectural document that may be suitable for use in constructing a building or in compliance with applicable law in your jurisdiction. Any use by you of a home design in connection with building a home or for any other purpose is solely at your own risk.
7. Limitation of liability.
Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the limitation of liability in contracts and as a result the contents of this section may not apply to you.
7.1. In no event shall Paperhouses, or its officers, directors, employees, agents, or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, or incidental, arising out of or relating to this agreement, Paperhouses’ services, your use of the services (including any home design or other content), the conduct of any contractor or other user (whether tortious or otherwise) in connection with the services and any other dealings or interactions you have with any contractor (or any of their representatives or agents), including, without limitation, lost profits, bodily injury, and emotional distress.
7.2. To the extent Paperhouses is ever determined to be liable to you notwithstanding the foregoing, you agree that Paperhouses’ liability, and (as applicable) the liability of Paperhouses’ officers, directors, employees, agents and suppliers, shall be limited to $50.
7.3. These limitations shall apply to any liability arising from any cause of action whatsoever, whether in contract, tort (including negligence), strict liability, or otherwise, even if Paperhouses is advised of the possibility of such costs or damages, and even if the limited remedies provided herein fail of their essential purpose. In no event shall Paperhouses be liable to you, and you waive any right to seek from Paperhouses, consequential or special damages.
- 8. Indemnity; Release.
8.1. You agree to indemnify and hold Paperhouses and Paperhouses’ officers, directors, employees, subsidiaries, parents, agents and suppliers (including Home Designers) harmless from any loss, expense, and damage, including. but not limited to, reasonable attorneys’ fees, arising out of or relating in any way to any claim or demand made, asserted, or threatened by any other person or entity and that arises out of or relates to (i) Your conduct or failure to act, (ii) Your use of a Home Design, (iii) Your use of Paperhouses’ Services, including the Site and Directory, (iv) claims or demands relating to Your breach of this Agreement, and (v) any violation or alleged violation by You of any law or regulation.
8.2. Because paperhouses is not a party to any transaction between users and contractors, if a dispute arises between you and a contractor, you agree that by entering into this agreement, you and your predecessors, successors, and assigns (together, the “releasors”), release and forever discharge paperhouses and its officers, directors, employees, subsidiaries, parents, successors, agents, attorneys and suppliers (including home designers) (together, the “paperhouses releasees”) from claims, demands, and damages
(actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
8.3. The home designer for a home design used in a project is an express third party beneficiary of this section 8.
- 9. Choice of law.
- This agreement shall be interpreted and governed by the internal laws of the state of Delaware without regard to conflict of laws principles. Each of the parties hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts located within Delaware.
11. No Agency.
11.1. You understand and agree that You and Paperhouses are independent entities, and that no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement, or by the operation of the Paperhouses Service or the Site.
11.2. You further understand and agree that Paperhouses is independent from all Contractors, Users and Home Designers, and that no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created between Paperhouses and any other Contractors, Users and Home Designers by virtue of any other agreements with Paperhouses, or by the operation of the Services.
Paperhouses reserves the right to modify or discontinue the Services or any portion thereof with or without notice to You. We will not be liable to You or any third party should we exercise our right to do so. If You object to any such changes, Your sole recourse will be to cease use and access to the Services. You agree that we, in our sole discretion, may immediately terminate Your access to the Site and Service at any time, for any reason, in our sole discretion. YOU AGREE THAT PAPERHOUSES WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO ANY OF THE SERVICES.
In the event that this Agreement expires or is terminated, Section 3.1, Section 4 (excluding the license to the Site Content in 4.1), Section 5, Section 6, Section 7, Section 8, Section 9, Section 10, Section 11, Section 12, Section 13, Section 14, Section 15, Section 16 and any other provisions that by their nature require survival in order to be effective, shall survive any such expiration or termination and remain in effect.
14. Entire Agreement; Conflicting Terms.
We may give notice to You by means of (i) a general notice in Your account information; (ii) by email to any email address You provide, or (iii) written communication sent to You by first class mail to any address You provide. Such notice shall be deemed to have been given upon the expiration of forty eight (48) hours after mailing or posting or twenty-four (24) hours after sending (if by email).
If any provision of this Agreement is held to be unenforceable, such provision shall be struck and the remaining provisions shall remain enforceable. Paperhouses may assign this Agreement in its sole discretion. This Agreement shall be binding on and shall inure to the benefit of the Parties and their respective successors, assigns and licensees to the extent permitted herein. No waiver shall be deemed a waiver of any prior or subsequent default hereunder. This Agreement may be executed electronically, and Your electronic assent or use of the Service shall constitute execution of this User Agreement. You agree that the electronic text of this User Agreement constitutes a writing and Your assent to the terms and conditions hereof constitutes a “signing” for all purposes.
17. Access Subject to Local Restrictions.
The Services and all information and functionality contained therein are not directed at or intended for use by any person resident or located in any jurisdiction where (1) the distribution of such information or functionality is contrary to the laws of such jurisdiction or (2) such distribution is prohibited without Paperhouses obtaining the necessary licenses or authorizations and such have not been obtained.
18. Procedure for Reporting Copyright Infringement.
If you believe that your work has been copied and posted on our Site or the Services in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or
physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work or materials that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our Services; (iv) your contact information including address, telephone number and, if available, email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Paperhouses’ copyright agent to whom you should provide such information is as follows: Paperhouses, LLC, Attention: Copyright Agent, 404 3rd Street B4, Brooklyn,
PAPERHOUSES OPEN SOURCE LICENSE
a. “Adaptation” means a work based upon the Work, or upon the Work and other pre-existing works, such as a translation, adaptation, derivative work, or other alterations of an artistic work, or any other form in which the Work may be recast, transformed, or adapted including in any form recognizably derived from the original.
b. “Licensor” means Paperhouses, LLC.
c. “Original Author” means the individual, individuals, entity or entities who created the Work.
d. “Work” means the artistic work offered under the terms of this License that is not in the public domain under applicable law.
e. “You” means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work.
f. “Reproduce” means to make copies of the Work by any means and the right of fixation and reproducing fixations of the Work.
g. “Platform” means the online platform owned by Paperhouses available at www.paperhouses.co
2. Fair Use Rights
Nothing in this License is intended to reduce, limit, or restrict any uses free from copyright or rights arising from limitations or exceptions that are provided for in connection with the copyright protection under copyright law or other applicable laws.
3. License Grant
Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non- exclusive, perpetual (unless revoked pursuant to Section 7) license to exercise the rights in the Work as stated below:
a. to Reproduce and display publicly the Work, provided that you attribute the Work to the Original Author as provided herein;
b. to create and Reproduce Adaptations and to display publicly such Adaptations, provided that any such Adaptation, including any translation in any medium, takes reasonable steps to clearly label, demarcate or otherwise identify any material changes were made to the original Work to the extent feasible and to otherwise attribute the Work to the Original Author as provided herein.
c. to distribute copies of the Work and Adaptations to the extent necessary to display publicly the Work. The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor are hereby reserved, including but not limited to the rights set forth in Section 4(d).
The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
a. You may not sublicense the Work. If You distribute or display publicly the Work or any Adaptations, You must, unless a request has been made pursuant to this Section 4(a), keep intact or reproduce, as applicable, all copyright notices contained on the Work that refer to this License and provide reasonable to the medium or means You are utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or if the Original Author and/or Licensor designate another party or parties (e.g., a sponsor institute, publishing entity, journal) for attribution (“Attribution Parties”) in Licensor’s copyright notice, terms of service or by other reasonable means, the name of such party or parties; (ii) the title of the Work if supplied; (iii) to the extent reasonably practicable, the URI, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and, (iv) consistent with Section 3, a credit identifying the use of the Original Author in the Work or the Adaptation (e.g., “architectural translation of the Work by Original Author”). The credit required by this Section 4(a) may be implemented in any reasonable manner. For the avoidance of doubt, You may only use the credit required by this Section 4(a) for the purpose of attribution in the manner set out above and, by exercising Your rights under this License, You may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the Original Author, Licensor and/or Attribution Parties, as appropriate, of You or Your use of the Work, without the separate, express prior written permission of the Original Author, Licensor and/or Attribution Parties. Notwithstanding the foregoing, if You create an Adaptation, upon notice from Licensor or the Original Author of the Work from which the Adaptation is based, You must, to the extent practicable, remove from the Adaptation any credit as would otherwise be required by Section 4(a), as requested.
b. You may not exercise any of the rights granted to You in Section 3 above: (i) in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation; or (ii) to. The reproduction of construct the physical manifestation of the Work or any Adaptation in the form of a residential home initially intended for personal use by You shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, without obtaining a separate license from the Original Author.
c. For the avoidance of doubt:
i. Non-waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory licensing scheme cannot be waived, the Licensor reserves the exclusive right to collect such royalties for any exercise by You of the rights granted under this License; and ii. Waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory licensing scheme can be waived, the Licensor reserves the exclusive right to collect such royalties for any exercise by You of the rights granted under this License if Your exercise of such rights is for a purpose or use which is otherwise than noncommercial as permitted under Section 4(b) and otherwise waives the right to collect royalties through any statutory or compulsory licensing scheme.
d. Except as otherwise agreed in writing by the Licensor or as may be otherwise permitted by applicable law, if You Reproduce, distribute or display publicly an Adaptation, You shall not attribute such Adaption to the Original Author as required by Section 4 (a) if such Adaption distorts, mutilates, modifies or takes other derogatory action in relation to the Work which would be prejudicial to the Original Author’s honor or reputation without the consent of such Original Author. Licensor agrees that in those jurisdictions (e.g. Japan), in which any exercise of the right granted in Section 3(a) of this License would be deemed to be a distortion, mutilation, modification or other derogatory action prejudicial to the Original Author’s honor and reputation, the Licensor will waive or not assert, as appropriate, this Section, to the fullest extent permitted by the applicable national law, to enable You to reasonably exercise Your right under Section 3(a) of this License but not otherwise.
e. If you create any Adaptation, you: (i) will upload such Adaptation to the Platform; and (ii) hereby grant each end user of the Platform the right to use the Adaptation in accordance with the terms of this License.
5. Representations, Warranties and Disclaimer.
Unless otherwise mutually agreed to by the parties in writing, licensor offers the work as-is and makes no representations or warranties of any kind concerning the work, express, implied, statutory or otherwise, including, without limitation, warranties of title, merchantibility, fitness for a particular purpose, non-infringement, or the absence of latent or other defects, accuracy, or the presence of absence of errors, whether or not discoverable. Some jurisdictions do not allow the exclusion of implied warranties, so such exclusion may not apply to you.
6. Limitation on liability
Except to the extent required by applicable law, in no event will licensor be liable to you on any legal theory for any special, incidental, consequential, punitive or exemplary damages arising out of this license or the use of the work, even if licensor has been advised of the possibility of such damages.
a. This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
b. Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work and revoke this License at any time; provided, however that any such election will not serve to revoke this License unless You have been notified of such withdrawal prior to your entering into any written agreement with a developer, construction firm, architect, designer or similar person or entity to create the Adaptation(s) necessary to construct the physical manifestation of the Work, in which event this License will continue in full force and effect unless terminated as stated above.
a. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
b. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.