ARCHLINE.XP WAREHOUSE: TERMS OF USE

Last updated: December 8, 2023
© 2023 Cadline Ltd.  All rights reserved.

ARCHLine.XP Warehouse: Terms of Use

Last updated: January 18, 2023

© 2024 Cadline Ltd.  All rights reserved.

  1. Acceptance of Terms Through Use; Changes to Terms of Use

Welcome to ARCHLine.XP Warehouse. Cadline Ltd. (“Cadline”) makes available ARCHLine.XP Warehouse and any other element of this website or subdomains (collectively, “Warehouse”) only upon your acceptance of these Terms of Use (“Terms of Use”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING WAREHOUSE OR DOWNLOADING OR ACCESSING MODELS. YOUR USE OF WAREHOUSE INDICATES YOUR AGREEMENT TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THE CURRENTLY POSTED TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE WAREHOUSE.

Changes to Terms: Please note that Cadline reserves the right to update and change these Terms of Use from time to time in its discretion and will post a notice on Warehouse when these Terms of Use have changed. Please also check these Terms of Use periodically for changes. Your continued use of Warehouse following the posting of any changes to these Terms of Use will confirm your acceptance of those changes. These Terms of Use constitute a binding, legal agreement between you and Cadline and are intended to have the same force and effect as if you signed them. Warehouse and other services are only available to persons who can form legally binding contracts under applicable law. If you do not qualify, you may not use Warehouse.

  1. Use of Warehouse

Subject to these Terms of Use, you may use Warehouse to view, search, locate, download, and Distribute Models. Cadline reserves the right to refuse access to Warehouse to anyone at any time in its sole discretion.

“Models” are individual, separate three-dimensional models of objects created, designed, and developed by you or a third-party (a “Developer”) or by Cadline and include related content and information about or included with the Models. Cadline is not responsible for any Developer Models. “Distribute” means to submit, upload, distribute, sell (upon Cadline's implementation of payment systems) and/or license Models you have created to end users.

Currently all Models are made available and Distributed through Warehouse free of charge. If Cadline implements a payment system, Cadline will post additional terms to these Terms of Use describing the ways in which Models may be purchased and sold through Warehouse.

To download and use the Models, you need software that is compatible with the Model (for which Cadline or the applicable manufacturer may charge a separate fee) and a computer device with Internet access; such requirements may change from time-to-time and are your responsibility.

  1. User Accounts
  2. Account Creation.

Upon signing in to Warehouse the first time, you need to create an account. Currently, you may create a Warehouse account by signing in with a valid Cadline ID (a username/password combination issued by Cadline). Cadline may publicly display the username and profile photo (if any) associated with your Cadline or Google user account.

You are entirely responsible for maintaining the confidentiality of your password and account credentials, and you agree that Cadline may terminate your access to Warehouse and other services if you fail to do so. Additionally, you are fully responsible for any and all activities that occur under your account. You agree to notify Cadline immediately of any unauthorized use of your account or any other breach of security. Cadline will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

  1. Your Personal Information.

Personally identifiable information that you may submit for the purpose of receiving products or services or for creating or authenticating your user account will be handled in accordance with Cadline’s online Privacy Statement, and may be used or shared by Cadline as necessary to fulfill your access to a Model or provide any related services or as otherwise set forth in these Terms of Use.

  1. Age Restrictions

You may not register for a user account or use Warehouse to Distribute Models if you are under 13 years of age unless we have verified parental consent.

  1. Third Party Models, Products and Services

Some of the Warehouse Materials (defined below in Section 10) may be provided or owned by third parties. Cadline does not endorse, guarantee or provide a warranty for the third party Warehouse Materials and may or may not review them for compliance with law (copyright, patent or any other laws) or Cadline policies. Use of a third party Model is governed by the License Terms Applicable to Models set forth below. CADLINE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO MODELS POSTED BY THIRD PARTIES (AND ANY ACTION YOU TAKE BASED ON THEM).

  1. Cadline Proprietary Products and Services

Cadline’s obligations with respect to its own, proprietary products and services are governed solely by the terms and conditions of agreements under which Cadline provides them to you. If you obtain a Cadline proprietary product or service through Warehouse that is provided without an agreement, that product or service is provided “AS-IS” with no warranties whatsoever, express or implied, and your use of that Cadline product or service is at your own risk.

  1. License Terms Applicable to Models

Your use of a Model you download or use is governed by these Terms of Use. Any Model provided under the General Model License is provided “AS-IS” with no warranties whatsoever, express or implied, and your use of that Model is at your own risk.

  1. Availability of Models

Cadline or any Developer may modify, update or remove any Model they have published to Warehouse at any time in their discretion. Cadline may also remove any Model from Warehouse if it discovers that such Model (or related Developer) violates these Terms of Use, any other Cadline policy or applicable law.

  1. Distribution of Models through Warehouse
  1. Qualifications and Distribution Terms.

Provided you comply with these Terms of Use, You may distribute Your Models to users through Warehouse. Cadline is not responsible for any Models you Distribute.

Cadline may in its discretion set and revise from time-to-time Qualifications regarding the criteria and procedures for Cadline to accept and authorize each Model submitted for Distribution through Warehouse. Cadline may choose to waive or impose additional Qualifications for a particular Model in its discretion. Cadline may decline to make a Model available on Warehouse for any reason or no reason.

If Cadline implements payment systems for Warehouse, your sale of Models shall be subject to the subsequently released version of these Terms of Use.

You may remove a Model you previously posted from Warehouse at any time. Although Cadline will not continue Distribution of your Models after you remove them, Cadline may retain archive copies for record keeping purposes.

  1. Grant of Licenses. Distributors grant two licenses to their Models as follows:

To Cadline. For all Models you Distribute on or through Warehouse, you hereby grant to Cadline a nonexclusive, worldwide, perpetual, transferrable (with the right to sublicense through multiple tiers), irrevocable license (under all applicable intellectual property rights) to copy, publicly perform and display, use, distribute, create derivative works of, store, promote, market, support, transmit, and otherwise make available on or through Warehouse each Model and related content, including without limitation as necessary to promote, operate and make available Warehouse and any related Cadline products or services. The foregoing license includes the rights for Cadline to make available Models (or any parts, related content or derivative works thereof) through Cadline’s partners and sublicensees.

  1. Title and Ownership.

As between you and Cadline, except for the limited license rights granted herein, all right, title and interest in and to the Models you Distribute shall remain yours.

  1. Cadline Not Responsible for Your Models.

Cadline does not and will not endorse, guarantee or provide a warranty for your Models and may or may not review them for compliance with law (copyright, patent or any other laws) or Cadline policies or Qualifications. Distribution of your Models on Warehouse is at your own risk.

  1. Representations and Warranties.

You represent and warrant that you have all intellectual property rights, including patent, copyright, trademark, trade secret, right of privacy or publicity or other proprietary rights, in and to each Model you Distribute and its related content. If your Model or content includes third-party materials or content, you represent and warrant that you have the right to Distribute the third-party materials or content or otherwise grant Cadline all rights and licenses to such Model set forth in subsection (B) above. You shall not Distribute Models unless you are the owner of such Models and/or have all the necessary rights or permissions from applicable third parties.

  1. Warehouse Materials; Use Restrictions
  1. Use Restrictions

You may not:

    1. Modify Warehouse Materials (other than your User Communications or Models or content you posted) or use them for any public display, performance, sale, rental or for any commercial purpose except as expressly authorized in these Terms of Use or the General Model License;
    2. Decompile, reverse engineer, or disassemble Warehouse Materials that is software (except and only to the extent permitted by applicable law, and then only with advance notice to Cadline);
    3. Remove or modify any copyright or other proprietary or legal notices from Warehouse Materials; or
    4. Redistribute or transfer Warehouse Materials to another person except as expressly authorized in these Terms of Use or the General Model License.
  1. Conduct

As a condition of your use of Warehouse you agree that you will not use Warehouse Materials for any purpose that is unlawful or prohibited by these Terms of Use, or any other Cadline policy (“Misuse”). You will be responsible for any costs incurred by Cadline or any other party (including attorneys’ fees) as a result of your Misuse of Warehouse Materials.

Misuse includes, but is not limited to:

    1. Using Warehouse Materials to disseminate or convey inappropriate, defamatory, obscene, salacious, or unlawful information, images or content; or to harass, stalk, threaten or otherwise violate the legal rights of others;
    2. Using Warehouse Materials in such a manner so as to interfere unreasonably with its use by others;
    3. Attempting or assisting another to access, alter, or interfere with the communications and/or information of another user;
    4. Scraping information from Warehouse;
    5. Account fraud or unauthorized access of an account;
    6. Uploading, or otherwise making available, any Models or any other Warehouse Materials, including files that contain text, images, photographs, software or other content owned by others, in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of others;
    7. Advertising, offering to sell or buy goods (other than Models, if applicable), or using Warehouse Materials for business promotional purposes, except as expressly permitted by Cadline or the General Model License;
    8. Violating any code of conduct associated with Warehouse, or any applicable laws or regulations;
    9. Taking any action that imposes an unreasonable or disproportionately large load on Warehouse infrastructure; or uploading files that contain viruses, Trojan horses, worms, or other similar software or programs that cause damage to computers or property of others; or
    10. Using any messaging functionality made available through Warehouse to send communications which would violate applicable law (including, but not limited to, the CAN-SPAM Act of 2003) or which contain content or materials of the type prohibited in subsections (i), (vi), (vii) or (ix) above.
  1. User Posted Materials

Warehouse may include feedback, ratings and review mechanisms, messaging functionality and other ways in which users can post, upload, interact with, share and submit materials (e.g., text, images, data, etc.) (collectively, “User Communications”). USER COMMUNICATIONS WILL BE CONSIDERED NON-CONFIDENTIAL AND NON-PROPRIETARY AND BY POSTING, UPLOADING, INPUTTING, OPTING TO SHARE, OR OTHERWISE SUBMITTING ANY USER COMMUNICATIONS TO WAREHOUSE, YOU UNDERSTAND AND AGREE THAT:

Cadline shall have no obligation to monitor User Communications (including other users’ responses to private messages).

Cadline reserves the right at all times to disclose any information as Cadline deems necessary to satisfy any applicable law, regulation, legal process or governmental request or to review, edit, refuse to post, or to remove any User Communications, in whole or in part, in Cadline’s sole discretion.

CADLINE DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY USER COMMUNICATIONS AND, THEREFORE, CADLINE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING USER COMMUNICATIONS AND SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THEM (AND ANY ACTION YOU TAKE BASED ON THEM) AND ANY ACTIONS OR CLAIMS RESULTING FROM YOUR PARTICIPATION IN ANY SERVICES.

  1. Termination Rights for Violations; Removal of Content and Discontinuation of Service

Cadline may suspend your account or stop providing Models or services to you if Cadline is investigating suspected misconduct or Misuse. If you or your Models violate these Terms of Use, Qualifications (if applicable), or applicable Cadline policies or laws, or interfere with Warehouse in any way:

  1. Cadline reserves the right to seek all remedies available in law and equity for such violations;
  2. Cadline may terminate these Terms of Use with you, remove your Models from Warehouse, and/or suspend or terminate your account;
  3. Any authorization and license you have to use and/or Distribute the Models and to use or access other Warehouse Materials shall automatically terminate; and
  4. You must immediately discontinue use of and destroy any downloaded Models or other Warehouse Materials, including in any Combined Work.

Cadline further reserves the right to remove Warehouse Materials or discontinue services available on Warehouse with or without notice, to terminate your authorization to use any services or Warehouse Materials, to terminate your password, if any, and to delete any one or more of your related accounts, for any reason or for no reason, immediately and at any time. Cadline accepts no responsibility for such deleted or removed Warehouse Materials.

  1. Indemnification

Upon a request by Cadline, you agree to defend, indemnify and hold harmless Cadline and its affiliates, agents, suppliers and third parties, and its and their employees, contractors, officers and directors from all liabilities, claims and expenses, including attorneys’ fees, that arise from:

  1. Your use or misuse of Warehouse Materials
  2. Distribution of your Models
  3. Violation of the Qualifications
  4. Intellectual property infringement by your Models
  5. Your use of any Models you have downloaded
  6. Your breach of the General Model License associated with Models you have downloaded

Cadline reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Cadline in asserting any available defenses. You may not settle any claim without the prior written consent of Cadline in each case.

  1. No Exclusivity

Cadline does not represent or warrant that Models developed by Cadline or submitted by Developers will not contain features or functionality that are the same as or similar to those in other Models available on Warehouse and neither these Terms of Use nor your participation in Warehouse limits Cadline’s or any Developer’s right to develop or have developed for its products, concepts, systems or techniques that are similar to or compete with any Model or any other products, concepts, systems or techniques contemplated by or embodied in information you disclose to Cadline. Cadline does not grant you exclusivity of any kind.

  1. Warranty Disclaimer

Cadline assumes no responsibility for the accuracy of Warehouse Materials; nor does Cadline warrant that Warehouse Materials are up-to-date, that Warehouse Materials will meet your needs, that Warehouse Materials will be available at any particular time or location, that any defects or errors will be corrected, or that Warehouse Materials are free of viruses or other harmful components. Your use of Warehouse Materials and Distribution of Models is at your sole risk. Mention of non-Cadline products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

WAREHOUSE MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY BY CADLINE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.

  1. Limitation of Liability

IN NO EVENT SHALL CADLINE, ITS SUPPLIERS OR OTHER DEVELOPERS BE LIABLE TO YOU FOR ANY DIRECT, THIRD PARTY, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OF OR INABILITY TO USE OR DISTRIBUTE MODELS THROUGH WAREHOUSE, WAREHOUSE MATERIALS, OR ANY OTHER CADLINE PRODUCT OR SERVICE, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT ON WAREHOUSE), EVEN IF CADLINE, ITS SUPPLIERS OR OTHER DEVELOPERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE EXCLUSION OF DAMAGES IS INDEPENDENT OF ANY REMEDY PROVIDED UNDER THESE TERMS OF USE AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.

THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROHIBIT SUCH EXCLUSIONS AND LIMITATIONS, IN NO EVENT WILL CADLINE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED 50, as FIFTY EURO.

Cadline does not assume and will not have any liability arising from events beyond Cadline’s control or the control of its subcontractors, other Developers, business partners or licensors, including events such as acts of God, acts of any governmental entity, acts of a public enemy, strikes, natural disasters, or failure or diminishment of power or telecommunications or data networks or services.

  1. Links to Third Party Web Sites

Warehouse may contain links to third party web sites whether provided by Cadline or a user of Warehouse. Access to any other web site linked to Warehouse is at the user’s own risk. Cadline does not control, and is not responsible for, the accuracy or reliability of any information, content, data, opinions, advice or statements made on those web sites, or about any products found at those web sites, or about any search results that may be obtained from using them. Cadline provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

  1. Linking to Warehouse

You may create links to Warehouse from other web sites, but only in accordance with the following guidelines (or other guidelines that Cadline may provide from time to time) and in compliance with applicable law. A web site that links to Warehouse:

  1. May refer to the Cadline company name or Warehouse name or product names in a plain text font and format in accordance with Cadline’s general trademark usage guidelines, using appropriate wording such as “This way to Warehouse” or “Click here for more information.”
  2. Shall not imply that Cadline is endorsing its products.
  3. Shall not misrepresent its relationship with Cadline.
  4. Shall not present false information about Cadline products or services.
  5. Shall not use the Cadline or SketchUp or Warehouse logos or other trademarks (including third party trademarks) without permission from Cadline or the owner of the trademark.
  6. Shall not charge or attempt to charge for the use of Warehouse or any Models which are not your own Models.
  7. Shall not contain content that could be construed as distasteful, offensive or controversial, and shall contain only content that is appropriate for all age groups.

If you have placed a link on your web site to Warehouse you agree to promptly remove such link at Cadline’s request.

  1. Copyright Act

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Cadline’s administrator the written information specified below.

  • Name of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on Warehouse;
  • Your address, telephone number, and e-mail address;
  • A 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;
  • 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.

Cadline’s administrator for notice of claims of copyright infringement on Warehouse can be reached as follows:

info@cadline.hu

  1. General Provisions

Except as otherwise specified herein, these Terms of Use constitute the entire agreement between you and Cadline with respect to your use of Warehouse and Distribution of Models and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Cadline with respect to use of Warehouse and Distribution of Models. You also may be subject to additional terms and conditions that may apply when you use Warehouse Materials, software, or services provided by third party providers to Warehouse. These Terms of Use, and any rights and licenses granted under these Terms of Use, may not be transferred or assigned by you, but may be assigned by Cadline without restriction. Any rights not otherwise expressly granted by these Terms of Use are reserved by Cadline, its suppliers or other Developers. The failure of Cadline to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any part of these Terms of Use is held invalid or unenforceable by a court of competent jurisdiction that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Warehouse must be filed within one (1) year after such claim or cause of action arose or be forever barred. The official language of these Terms of Use is English. If there is a conflict between the English language version and any translation, the English language version will control.

Warehouse Content Policy

Our content policies play an important role in maintaining a positive experience for you, the users. Please respect these guidelines. From time to time, we may change our content policies so please check back here.

PORNOGRAPHY AND OBSCENITY:

Pornography and Obscenity: We do not allow image or video content that. contains nudity, sexually graphic material, or material that is otherwise deemed explicit. 

Pedophilia, Incest, or Bestiality: Users may not publish written, image or video content that promotes pedophilia, incest, or bestiality.

Commercial Pornography: We do not allow content that exists for the primary purpose of monetizing porn content or driving traffic to a monetized pornography site.

Child Pornography: Cadline has a zero-tolerance policy against child pornography, and we will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.

HATEFUL CONTENT: Users may not publish material that promotes hate toward groups based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity.

VIOLENT CONTENT: Users may not publish direct threats of violence against any person or group of people.

COPYRIGHT: It is our policy to respond to clear notices of alleged copyright infringement. More information about our copyright policy can be found here.

PRIVATE AND CONFIDENTIAL INFORMATION: We do not allow the unauthorized publishing of people's private and confidential information, such as credit card numbers, Social Security Numbers, and driver's and other license numbers. Visit our privacy policy for more information.

IMPERSONATION: We do not allow impersonation of others through our services in a manner that is intended to or does mislead or confuse others.

UNLAWFUL USE OF SERVICES: Our products and services should not be used for unlawful purposes or for promotion of dangerous and illegal activities. Your account may be terminated and you may be reported to the appropriate authorities.

SPAM, MALICIOUS CODES, OR VIRUSES: We do not allow spamming or transmitting malware or viruses.