Definitions

1. Headline

The following terms, whenever used with a capital, in both the single and plural form, shall have the meaning as defined hereinafter.

OpenStructures, OS, We, Our:
OpenStructures, is a Belgian company, registered as OS.Family BV, Provooststraat 10, 1050 Brussels, Belgium with VAT-number BE 0726615815.

Platform:
the OpenStructures Platform accessible via the website www.openstructures.net and www.openstructures.family

Account:
the user account available to any registered User to the Platform.

Services:
the services and functionalities offered on the Platform, which include, but are not limited to: the ability to visit, browse, view, search, read, inform, locate, submit, upload, download, share and distribute published content, including Designs.

User:
any person who visits and / or uses the Platform.

Use of the Platform:
visiting, accessing, browsing the Platform, making use of the Services offered on the Platform, making use in any way or form of the Designs on the Platform,…

Registered User:
any User having a registered Account on the Platform.

Designer:
a User having submitted a Design that has been accepted by OpenStructures.

Design:
any published design of an OS_Part, Application or Project that can consist of but is not limited to f.i.: a 3D file, technical or assembly drawing, photographs, descriptions, text (technical specifications) and credits and that can be identified by a unique OS registration number.

Design Principles:
the set of principles, such as the OS Grid and Manual, that determines what conditions a design should meet for it to be OS compatible, as explained on www.openstructures.net.

Design Reproduction:
any physical object based on one or more Design(s) that has been materialised by any reproduction technique.

Found Compatible:
an existing third-party part or component that is found to be compatible with the Grid and the OpenStructures Design Principles, but that has not been designed and submitted by a Designer.

OS_Part:
a modular piece that cannot be further disassembled without breaking it, based on the Grid and the Design Principles.

OS_Application:
an assembly of two or more Parts that contains at least one registered OS Part and that can but doesn’t necessarily need to result in a functional unity such as f.i. an object or a piece of furniture.

Original Design:
the first appearance of a Design, stated by upload parameters (submitted by a Designer on a given date).

Derivative Design:
a variation or new version of an Original Design incorporating an own original contribution from the creator of the Derivative Design.

Project:
a realisation that makes Use of Designs, OS_Parts and OS_Applications within a bigger context such as f.i. an assignment or commission to furnish a space, an exhibition, a workshop and others.

Grid:
the common metrical tool that is part of the Design Principles and available to all Users, which allows them to design interchangeable OS Parts and OS Applications independently from each other.

Intellectual Property Rights:
all intellectual property rights, including but not limited to copyrights, rights to software, database rights, design rights, patents, trade names, trademarks, knowhow, trade secrets, and all other intangible property rights and all rights related thereto, including but not limited to the rights to use, prosecute, register and enforce.

Personal Use:
the use and reproduction of Designs for purely private and personal purposes, that are outside the scope of any economic or professional activity (trade, business, craft, liberal profession), and that take place without the intent to obtain any commercial gains (be it direct or indirect).

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1. Applicability

2. Headline

These General Terms of Use govern the Use of the Platform and the use of the Designs that feature on the Platform. By making Use of the Platform, you agree to be bound by these General Terms of Use. These General Terms of Use supersede any and all prior oral and written terms, communications, agreements and understandings between you and OpenStructures.

If you intend to contribute to the Platform or if you intend to make commercial use of the Platform and the Designs on the Platform, the Terms of Contribution and Commercial Use also apply and form part of your agreement with OpenStructures.

Notwithstanding article 9.4, Exceptions to the General Terms of Use and the Terms of Contribution and Commercial Use are possible only in written form and signed by both parties.

If you are entering into these General Terms Use and/or Our Terms of Contribution and Commercial Use on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates, to these these General Terms Use and/or Our Terms of Contribution and Commercial Use, in which case the terms “you” or “your” shall refer to such entity, its affiliates. If you do not have such authority, or if you do not agree with these General Terms Use and/or Our Terms of Contribution and Commercial Use, you must not accept them and you may not use the Platform. You further agree that you assume all responsibility and liability in connection with your Use of the Platform on behalf of such a company or other legal entity, and you shall be solely responsible for all disputes, if any, that arise due to your Use of the Platform on behalf of such a company or other legal entity.

In case of inconsistencies between the FAQ section or other information on our website and these General Terms,  these General Terms will prevail.

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2. Personal use vs. commercial use

2.1

In principle you may only Use the Platform, its contents and the Designs it features for Personal Use. If you want to make Commercial Use of the Platform or the Designs it features, our Terms of Contribution and Commercial Use apply and your use may be subject to Our prior approval and/or certain costs or royalties.

2.2

Under Personal Use, We understand, the Use and Reproduction of Designs for purely private and Personal Purposes, that are outside the scope of any economic activity (trade, business, craft, liberal profession), and that take place without the intent to obtain any commercial gains (be it direct or indirect).
Any other forms of use will be considered as Commercial Use/Use for Commercial Purposes.

The following examples can be considered as Personal Use cases:

• reproduction of a Design within and for your own home and household and in an edition of just a few copies (f.i. equalling the number of members of your household)
• reproduction of a Design within and for your home-office, where you yourself or members of your direct family/ household will use it
• reproduction of a Design for a member of your household (your partner, children or parents)
• reproduction of a Design in a limited edition of one or two copies as a gift which is not linked to any commercial use, relation or (indirect) gain

The following examples cannot be considered as Personal Use cases, and shall be considered as Commercial Use:

• reproduction of a Design as part of a (commercial) project
• reproduction of a Design as part of a (commercial) project
• reproduction of a Design for your organisation or institution, even if you are a member within
• reproduction of a Design for a friend or a friend of a friend in return for a (financial) favour
• reproduction of a Design for your or your employers' office, building or site and for the use of colleagues, clients or visitors
• reproduction of a Design as a (relational) gift  or in order to support or sponsor a project/ an event/ an institution/ or a (non-for-profit) organisation

All these examples don't qualify for 'personal use' cases even if you reproduce the designs yourself (and by your own hands, tools or machinery). If you have any doubt regarding on whether or not a specific use case qualifies as Personal Use or Commercial Use, you should contact Us at: info@openstructures.net .

3. Use of Designs

3.1. General Use of OS parts:

With regards to OS_Parts any User may:

• freely copy and reproduce OS_Parts in any material and by using any kind of reproduction or manufacturing technique;
• freely edit, modify, transform, adapt and/or create derivatives of OS_Parts;

if the designer of the OS_Part has provided a 3D file for download, and you have a Registered User account, you may either:

• freely download and use the 3D file, if the 3D file is offered as a free download.
• download the 3D file after paying the price for the 3D file download mentioned on the Platform, if the designer has opted to offer the 3D file for sale

However, Users may not resell or distribute OS_Parts designed by other Users 'as they are' outside the Platform in any context, this includes but is not limited to re-selling the OS_Part as OS_Part in brick and mortar shops, web shops or any other online distribution channel.

3.2. Personal use of OS Applications

With regards to OS_Applications, for Personal Use purposes only, any User may:

• freely copy and reproduce the OS_Application; if the designer of the OS_Application has provided a 3D file for download and you have a Registered User Account, you may either:
• freely download and use the 3D file, if the 3D file is offered as a free download.
• Download the 3D file after purchasing the 3D file download at the price mentioned on the Platform.

3.3. Commercial use of OS Applications

If you would like to make Commercial Use of the Platform, (since you are f.i. a designer, technician, architect, or similar professional user) you may as well Use Our Platform. Please note that in order to download, produce, reproduce, sell or otherwise make Use of the OS_Parts and OS_Applications for Commercial Purposes, your Use will be subject to our Terms of Contribution and Commercial Use.

3.4. Submitting Designs

As a Registered User, you may submit Designs f.i. by submitting them to the Platform via the uploading area on the website or other channel as indicated on the Platform. When you submit a Design and contribute to the Platform, our Terms of Contribution and Commercial Use apply;

3.5 Found Compatibles:

The Platform may also feature Found Compatibles, these parts have not been created by OpenStructures nor by OpenStructures Designers and have been developed independently by third parties and are freely available for sale on the marketplace. Found Compatibles will be marked as such on the Platform. Use of these parts is not governed by the Platform and third party (Intellectual Property) rights or restrictions may apply. Use of Found Compatibles is at your own responsibility.

4. User Account

4.1 Registration

In order to make use of some Services of the Platform (e.g. downloading, buying or submitting Designs) You first need to register your own Open Structures account. Registering for an account requires that you provide us certain data, e.g.: your first and last name, email address, date of birth, or other. You warrant and guarantee that all information you provide during the submission process is accurate and truthful and agree to keep this information you provide to us up to date. Registration is free of charge.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account.  Your account is strictly personal and cannot be transferred to any third party or any other user. Moreover, you agree to accept responsibility for all activities that occur under your account.  You agree not to sell or transfer your use of or access to the Platform or permit anyone else whose account was suspended or terminated to use the Platform through your username or password.

We will treat your personal data in accordance with applicable data protection rules and regulations and our Privacy_Policy.
 

4.2 Termination

4.2.1 Termination by yourself

You may terminate your Account yourself at any time by notifying us at info@openstructures.net. After termination of your Account, the Parts and Applications you uploaded on the Platform will not be deleted. All of your Designs and  your User Generated Content remains published on the Platform and remains to be used by Open Structures.
 

4.2.2  Termination by us

Open Structures reserves the right to terminate your Account at its sole discretion and without any compensation anytime. We may for instance block your account or deny you access to the Platform in the following circumstances:

• You violate your agreement with Us;
• You violate the contract we concluded with you as a Commercial User;
• You act against the spirit of the Open Structures project, like uploading a Design that is not yours.
   

We will inform you prior to the termination. Termination will consist in blocking your Account or access or denying you access. Unless we notify you otherwise, you may still access the Platform as a visitor.

4.2.3 Provisions that survive termination

Even after your Account and access are terminated or blocked for whatever reason, these Terms of Use will remain in effect with respect to at least the following provisions: 5,6, 8 and , and any other provision that remains relevant.
The OS Parts and OS applications you have submitted will remain on the platform

5. User Generated Content

As a User you may submit certain content to the Platform, such as your Profile information, reviews and ratings of Designs submitted by other Designers, etc. You agree that you are solely responsible and liable for the content you submit to the Platform and you will refrain from submitting unlawful, libellous, defamatory, offensive, misleading, inaccurate or otherwise harmful content to the Platform.

If you effectively design OS Parts and OS Applications and submit Designs to the Platform, you become a Designer to the Platform and our Terms of Contribution and Commercial Use shall apply.

6. Intellectual Property and trademarks

6.1

By using our Platform, you acknowledge that the contents of the Platform and the Designs featured on the Platform are protected by Intellectual Property Rights (including copyright, model and design rights). Your use of the Designs on the Platform is only allowed insofar as provided by these General Terms of Use, and, if your use qualifies as Commercial Use, by Our Terms of Contribution and Commercial Use and/or the separate contract you may conclude with us.
 

6.2

The OpenStructures name and logo are protected as a registered trademark (EU Trademark 017882866). By making use of our Platform, you acknowledge that the OpenStructures trademark is the exclusive property of OpenStructures and you agree you will not misuse the logo, dispute or challenge the validity or ownership of the OpenStructures trademark.

Use of the OpenStructures trademark is only allowed insofar provided by these General Terms of Use and Our Terms of Contribution and Commercial Use.
 

6.3

OpenStructures remains at all times holder of all Intellectual Property Rights of content related to the Platform, with the exception of all Designs, documents, information and other elements submitted by Designers.
 

6.4

Every use of any material protected by Intellectual Property Rights or other rights of other Users, happens on the full and sole responsibility of that User, who indemnifies OpenStructures against any possible legal action of other Users or third parties with regard to violation or unauthorized of their rights.
 

6.5

Copying or scraping information from the Platform and including it in a database is prohibited, with the exception of caching by your browser.

7. Violation of the Terms of Use

OpenStructures reserves the right to investigate the Use of the Platform. If a User violates the Terms of Use, OpenStructures reserves the right to terminate his or her Account, as set out in article 4.2. Violation includes making use of the Designs on the Platform that surpasses Personal Use, without prior authorization of OpenStructures. 

8. Limitation of Liability

8.1 Limitation of Liability concerning the Platform and its software

OpenStructures has no obligation whatsoever in guaranteeing availability of the Platform or access to it from anywhere. OpenStructures has the right to change the availability of the Platform at all times and for as long as We deem it necessary such as for instance for maintenance or updating purposes.

To the maximum extent permitted by law, We are not liable for any damages due to the following circumstances:

• temporary impossibility of accessing the Platform linked to operations for maintenance, disruption of internet service, viral attacks, or any event that can be considered as force majeure;
• infringement of third party intellectual property rights by a User or, in general, in the event of violation of third party rights by a User;
• economical, personal or consequential damage, loss of opportunities, reputation, profits or revenues.

OpenStructures is not responsible or liable for any damage to your hardware or to your computer system (including your data or software). OpenStructures cannot guarantee that the website is free of errors, viruses, malware or other harmful code.  Any Designs downloaded or otherwise obtained through your Use of Our Platform is at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download or Use of our Designs.

We have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained by the Platform.

The Designs provided via the Platform are provided “AS-IS” without any express or implied warranties and your use of them is at your own risk. To the maximum extent permitted by law We shall not be responsible or liable for erroneous or faulty Designs, Designs unfit for the purpose of the User or problems with the Designs during or after reproduction, such as damaged quality or accidents.

We do not guarantee availability or uninterrupted access of our Platform and the Designs at all times. In case of unavailability of these, we cannot be held responsible or liable.

8.2 Limitation of Liability concerning the Materialised/ reproduced Designs

The Materialised Design/ Design Reproductions based on the Designs obtained via the Platform are without warranties and your use of them is at your own risk.

We have no responsibility or liability for any injury, death, damage, cost or inconvenience caused by a simultaneous shortcoming on any Parts or Applications and misconduct or negligence of the client.

The Designs, content or other information published on the Platform could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. We may make improvements and/or changes on the Designs and the content at any time.
 

8.3 Limitation of Liability concerning intellectual property rights

We have no obligation or intent to detect or monitor infringements to your intellectual property rights and cannot be held liable in case of infringement of your intellectual property rights by another User or third parties external to the Platform. This means, we shall not be liable for any damage resulting from use of your Intellectual Property not authorized by us or by our terms (such as missing royalties or license fees, reputational damages, etc.).

Since we care a great deal about your authorship and your IP, we will do our utmost to credit you and your Designs and Products correctly. However if despite Our efforts you identify a mistake or inconsistency concerning crediting or publishing of your personal information, or of your Designs or Products, We cannot be held responsible or liable, but We will strive to correct the identified mistake as soon as possible.

9. Miscellaneous

9.1 Disputes and applicable law

These Terms of Use are governed by Belgian law.
Any disputes regarding these Terms of Use will be submitted to the Court that has jurisdiction under Belgian law.

9.2 Severability

If any part of the Terms of Use is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, then that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

Open Structures shall, in good faith, endeavour to replace the invalid or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid or unenforceable provisions.

9.3 Assignment and transfer

You agree that We may assign all rights and obligations contained in these General Terms of Use, our Privacy Policy and our Cookie Policy and our Terms of Contribution and Commercial Use to a third party, without your further consent.

9.4. Modifications to our terms

OpenStructures reserves the right to change these General Terms of Use, our Privacy Policy and our Cookie Policy and our Terms of Contribution and Commercial Use from time to time. You should therefore regularly review these documents. All amended Terms shall be effective upon posting on the Platform or through some other reasonable method. Please check the Terms  published on this Platform regularly to ensure that you are aware of the recent and actual version.