Gneral Terms of Use – version 2.3; last updated on 13.05.2019
Hi there! Thanks for using the OpenStructures Platform and for taking the time to go through this User Agreement. By visiting, signing up to and/or using the OpenStructures Platform, you enter into a binding legal agreement with OpenStructures (as defined hereafter).
Your agreement with OpenStructures is made up out of these General Terms of Use, our Privacy Policy and our Cookie_Policy.
If you intend to contribute to the Platform (by f.i. submitting designs) or if you intend to make commercial use of the Platform and its Designs, Our Terms of Contribution and Commercial Use also apply and form part of your agreement with OpenStructures.
Please note that whenever you buy or download a product from our webshop, Our Terms of Sales also apply.
Please read these Terms carefully. If you do not agree with any of the provisions set out in these documents, you should not use the Platform. You can also find out more about OpenStructures and its way of working in the FAQ section on the website.
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.
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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). The following examples can be considered as Personal Use cases:
The following examples cannot be considered as Personal Use cases, and shall be considered as Commercial Use:
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3. Use of Designs | |
3.1. General Use of OS parts: With regards to OS_Parts any User may:
if the designer of the OS_Part has provided a 3D file for download, and you have a Registered User account, you may either:
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.
With regards to OS_Applications, for Personal Use purposes only, any User may:
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.
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;
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.
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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:
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.
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.
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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.
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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.
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7. Violation of the Terms of Use | |