I. Who is Arquitree: ARQUITREE is a website where you can download 3d models and 3d families.
2.1. Arquitree – website www.arquitree.com;
2.2. We, us, our, Arquitree – Arquitree is a business from Timișoara, registered in Romania with company number 41968439, with the European Identification Number (EUID): ROONRC.J35/4413/2019 and with VAT Number RO42009757; its registered address is: Pța. Romanilor, nr. 12, et. 1, ap. 8, postal code 300100, Timișoara, Romania;
2.3. Arquitree Content – all the content you can find on the website www.arquitree.com; the content available on our website consists mostly of 3d models but also some 3d graphic models, that are compatible with Autodesk Revit software and are named Revit families, having the extension “.rfa”. These families, when downloaded, can be accompanied by other complementary files like presentation catalogs or tutorials (“.pdf” files), license agreement (“.pdf” file) or textures and presentation galleries (“.jpg”/”.tif”/”.tga”). The whole downloadable content, except the license agreement, comes archived in separate “.zip” files (i.e. “Previews_arquifigure01.zip”; “arquifigure.zip”; “maps.zip” “License agreement.pdf”). These “.zip” files can be opened or extracted with software like Winzip/Winrar/7zip or other archivers. You can find these applications for free online if you do not have them already installed;
2.4. Item – represent every 3d model or 3d family from ARQUITREE website;
2.5. Content – Means the digital content supplied in digital format such as Revit files, Illustrator files, Autocad Files, Archicad Files, 3d Studio Max Files, or other files, including but not limited the visual image data, parameters, text, color schemes, available for download to the memory or hard disk of a personal computer or similar storage device;
2.6. Fee – The relevant fee for download and access to the Content available on the Website, to be prepaid in full by you to us prior to downloading the Content;
2.7. Order – A request by you to download the Content from the Website, for one user the Content is to be used by, and the relevant Fee or Fees for that download or those downloads and relevant payment details;
2.8. Account – is a registration of a user on ARQUITREE website with name, email and a assword;
2.9. Subscriber – a person with 18 years old or over that agreed to receive online content from ARQUITREE website;
2.10. Member – a user with an account which accepted the terms and conditions from ARQUITREE website;
2.12. License – the terms and conditions for using the Items from ARQUITREE website;
2.13. Usage rights – The right to install the Content software on no more than 15 users, make one back-up copy in case your computer fails and to use one copy of the Content with cloud services.
If you copy the Content to your cloud services, you acknowledge and understand that it is your responsibility to ensure that the cloud services company deletes the Content from their storage system after processing your files/job. It is also your responsibility to make sure that they do not breach any part of this license agreement;
2.14. Browsing – activity that can be made by any person under the 13 years old or over on the ARQUITREE website.
2.15. Revit – Autodesk Revit Architecture often referred to as simply Revit, is a Building Information Modeling software (BIM) developed by Autodesk;
2.16. You, your, End User – The person or body downloading the Content from the Website.
3.1. You must place an Order to request download of the Content from the Website by following the instructions on the Website for purchasing and downloading the Content.
3.2. To download a product from ARQUITREE website you’ll need to be a registered member.
3.3. To become a registered member you need to make an account with email and password.
principal responsibility of a subscriber is to provide real, accurate and
complete information when subscribing and to keep up-to-date (including a
current email address) this information.
3.5. The subscription is not transferable.
3.6. By buying and downloading a product you will not be actually acquiring ownership of the Item itself, only the license to use that Item;
3.7. The principle of the usage of the license will be considered only if the 3d model was downloaded;
3.8. Following completion of your Order we will automatically e-mail you with an order confirmation number and links for download of the Content.
IV. Fees and Payment
4.1. Upon submission of your Order, you will be required to provide payment details for payment of the relevant Fee(s). Payment is only accepted by us by via credit or debit card, PayPal or such other electronic transfer methods notified on the Website. You may be required to pay a handling fee.
4.2. The conversion for all costs of currency conversion to your ARQUITREE subscription can’t be controlled from us, because your financial institution does the currency conversion and can charge you additional fees.
4.3. When you subscribe to ARQUITREE you confirm that you understand what you can and can’t do with your downloaded Items in accordance with the License.
4.4. All Fees will be payable in advance of download, and no download of a Content will be authorized by us until full payment of the relevant Fee(s) for download of the Content has been confirmed received by us.
4.5. We reserve the right to refuse to authorize any download of the Content to any person at any time at our sole discretion. In the event that any download is not authorized by us under this clause and the relevant download is not completed, any Fee that may have been paid to us for that download will be refunded to you.
4.6. The final prices and fees are inclusive of transactional taxes relevant (like VAT).
5.1. In consideration of payment by you to us of the relevant Fee(s) in accordance with clause IV. of these terms and conditions, Arquitree hereby grants to you a royalty free, non-exclusive, nontransferable license to install and use the Content, with such license being limited to the Usage Rights.
5.2. Subject to the terms of this agreement, this agreement does not permit you to install and use the Content contained within your Order for any of the following purposes and you acknowledge and agree that you will not:
- Use, copy, transfer, publish, sell, lend or distribute the Content and any related software or any part of them other than as set out in the Usage Rights;
- Reverse engineer, decompile, disassemble, adapt, modify, merge or translate the Content or any related software save as the applicable law may provide otherwise;
- Alter the Content in any way or form;
- Modify the digital outlines of the Content in any way or form;
- Re-name the Content and/or any related software;
- Sell, distribute, give away for free or in any other way make the Content and/orany related software available to the public, including, but not being limited to the making available of the Content/software by way of download;
- Purport to sub-license the Content and/or any related software in any way or form;
- Distribute the Content and/or any related software in any way or form as part of your design or as part of an identity program including brand guidelines and other corporate design which stipulate use of Content and/or any related software; or
- Embed the Content in a computer file for a third party to alter in any way or form including BIM models, Illustrator Models, Illustrator Templates, is a breach of this Agreement. Should you require the ‘Embed Content’ service then please contact us to purchase additional user licenses.
6.1. Because we offer online content, we do not offer a refund or credit on a purchased item.
6.2. You agree that the provision of the Content is a service , and that the Service will commence when you initiate the download of the Content from the Website.
6.3. There is no obligation from us to provide different items or a refund in situations like the following: you have changed your mind about the item you paid for, you subscribed by mistake, you have internet connection problems, you can no longer access your desired items because they have been removed from ARQUITREE website or cannot access them anymore after downloading them twice (we advise to download and check the desired items as soon as you bought them and received them via email).
6.4. As soon as you pay for the desired items on the ARQUITREE website, you should receive an email within minutes, containing a link with the items to download. The number of downloads is limited to 2 (two) downloads and will be available for 2 days. After that the download link expires.
6.5. We are not obliged to resend you your item if you haven`t downloaded it within 2 (two) days and your download link has expired. We strongly recommend you to download the content as soon as you have made the payment.
6.6. When you register to ARQUITREE you confirm that you understand what you can and can’t do with your downloaded Items in accordance with the License.
VII. Provision of the Content
7.1. You acknowledge and understand that the Content and any related software is provided on an “as is” basis. Arquitree makes no warranties, express or implied, as to merchantability, fitness for a particular purpose, or otherwise. Arquitree does not warrant that the operation of the Content or any related software will be uninterrupted or error free or that any errors can be corrected.
7.2. In no circumstances shall we be liable for any failure of any Content or related software to perform, resulting from a failure by you to comply with the minimum technical requirements relating to the running of the Content and related software set out on the Website.
VIII. Limitation of Liability
8.1. You acknowledge that the following provision reflects a fair allocation of risk. This agreement sets out our entire liability to you and all other liability of us to you is hereby excluded, subject that nothing shall exclude or restrict our liability for fraudulent mis representation and/or for death or personal injury to the extent that such injury results from our negligence or wilful default.
8.2. You install and use each Content and related software at your own risk and in no event will we be liable to you whether in contract, tort, by statute or otherwise in respect of any loss or damage of any kind, subject to clause 8.1. above, including special, indirect, incidental or economic loss, loss of profits, business interruption, loss of business information, loss of goodwill or other consequential losses arising out of or in connection with any Content or related software or from errors or deficiencies in any Content or related software whether caused by negligence or otherwise, even if we are notified by you of the possibility of such damage in advance of the provision of the Content and the software.
8.3. You agree that our total liability under this agreement relating to each Content shall not exceed (death or personal injury excepted) the replacement cost of the Content and the software, including where such liability arises out of our negligence.
8.4. In the event of an error in the downloading of the Content and related software which materially detracts from that Content we will, on production by you of evidence satisfactory to us, at our discretion and where appropriate:
- Authorize download of a second copy of the relevant Content or the relevant parts of that Content to rectify the error;
- Sent the Content by an alternative delivery system, such as Dropbox.
IX. Intellectual Property Rights
9.1. We own
all the 3d content from ARQUITREE website, this includes: 3d models and 3d
families including images and textures with materials.
9.2. It is forbidden to copy, distribute, modify or make derivative works of any of our 3d content or use any of our intellectual property.
9.3. You acknowledge and understand that all Intellectual Property Rights in Content and related software, including any modification, adaptation, update, upgrade or improvement of the same, any trade mark used in relation to the Content of Arquitree belong to and vest absolutely in Arquitree and nothing in this agreement or otherwise shall vest any such Intellectual Property Rights in the End User. All such Intellectual Property Rights of Arquitree are hereby reserved.
X. Data Protection and Privacy
10.2. Your information provided is confidential, and we are responsible to protect it. While we take reasonable steps to preserve the security of your information, you must be aware that we can’t promise that your use of ARQUITREE 3dmodels will be confidential, and we can’t promise that any information you provide to us is perfectly secure.
10.3. You agree to the reasonable processing of your Personal Data by us for the purposes of providing the Service to you. In processing Personal Data, we will comply with all relevant legislation.
XI. Restrictions of the Internet
11.1. You acknowledge that:
- We have no control over the Internet which is a global decentralized network of computer systems. Access to the Website for downloading Content will not be error free or uninterrupted and may be very variable; and That information, software and other material accessible over the Internet via the Website may contain viruses, worms, Trojan horses, cancelbots, or other harmful and destructive components. We are not liable and will not be liable for any direct, indirect, incidental or other loss or damages which result or may result from your access to or use of the Internet.
- The Website is maintained by our hosting service providers. Every effort is made to ensure the continuity of the Website, but some occasional technical downtime beyond our control and/or the control of our hosting service provider may occur.
Such downtime may prevent downloads being available via the Website or cause errors or delays in downloads for the duration of the down time. We will not be liable for any delays or errors resulting from a cause beyond our control and/or that of our hosting provider including, for the avoidance of doubt, hosting server downtime.
XII. Terms and Conditions of Website Use
Terms and Conditions of Website Use as set out and accessible via the Website are incorporated into these terms and conditions. In the event of any conflict between the Terms and Conditions of Website Use and these terms and conditions, the provisions of these terms and conditions shall prevail.
XIII.Term and Termination of License
13.1. This agreement will continue indefinitely, but will terminate immediately and automatically if you fail to comply with any of the terms and conditions set out in this agreement.
13.2. In the event that this agreement is terminated in accordance with clause 12.1., you agree that you will destroy and erase the Content, including any related software, and all and any copies of the same in your possession or control and stored on the any medium whatsoever, and on our request, you will certify in writing that you have done so.
14.1. You shall not assign, sub-license or otherwise deal with this agreement, in whole or in part, without our written consent. We may assign our rights or obligations under these terms and conditions at any time.
14.2. If any provision of this agreement is declared void, illegal, or unenforceable, the remaining terms of this agreement will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
14.3. Any failure by any party to this agreement to enforce at any time any term or condition under this agreement will not be considered a waiver of that party’s right thereafter to enforce each and every term and condition of this agreement.
14.4. This Agreement does not create, and shall not be construed as creating, any right under the Contracts (Rights of Third Parties) Act 1999 which is enforceable by any person who is not a party to it.
14.5. If you have a problem with the Content or download thereof please contact us by e-mailing us on: firstname.lastname@example.org.
All other questions, comments or enquiries should be directed by email to: email@example.com.
XV. Governing Law
This agreement is governed by Romanian Law and the parties will submit to the exclusive jurisdiction of the Romanian Courts.