Within these Web site Terms of Service ("Terms") the term "BA" or "we" will refer to BuildingAtlas, a division of Sofvue, LLC, and their respective subsidiaries and affiliates that own and operate Web sites and Internet services on their behalf. The term "you" refers to you as a user of BuildingAtlas, a division of Sofvue, LLC, Web sites or Internet services described below.
What do these Terms cover?
These Terms set forth the terms and conditions through which BA will permit you to use these BA-owned and operated Web sites and services:
the Web sites www.BuildingAtlas.com (the "BA Sites")
What is outside the scope of these Terms?
In order for you to use any of the BA Web site, you must first agree to abide by the Terms. You can accept these Terms by:
Checking the box next to "I have read and agree to the Terms of Service" (or similar language); or
Using any of the BA Web site, in which case you understand and agree that these Terms will apply to your use of those services (or any parts of them).
Before you continue to use the BA Web site, you should print or save a local copy of the Terms for your records.
In order to use the BA Web site you may be required to provide information about yourself (such as identification or contact details) as part of the registration process. You agree that any registration information you give to BA will be accurate, correct, and current.
use the BA Web site to undertake or accomplish any unlawful purpose, including but not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property, rights of any person or entity, or which in any way constitutes or encourages conductthat would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation; post, store, send, transmit, or disseminate on the BA Web site any information or material which a reasonable person could deem to be unlawful; upload, post, publish, transmit, reproduce, create derivative works of, or distribute on the BA Web site in any way information, software or other material that is protected by copyright or other proprietary right, without obtaining any required permission of the owner; post on the BA Web site unsolicited bulk or commercial messages commonly known as "spam;" send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupt a blog, newsgroup, chat, or similar feature of the BA Web site; initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme through the BA Web site;
participate in the collection of very large numbers of e-mail addresses, screen names, or other identifiers of others (without their prior consent) from the BA Web site, a practice sometimes known as spidering or harvesting, or participate in the use of software (including "spyware") designed to facilitate this activity; collect responses from unsolicited bulk messages posted on the BA Web site; impersonate any, person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity (for example, "phishing") on the BA Web site;
restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the BA Web site (except for tools for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others' ability to use, send, or retrieve information; register under the name of, nor attempt to use the BA Web site under the name of, another person; allow another person to access the BA Web site using your credentials; access (or attempt to access) the BA Web site through any automated means (including use of scripts or web crawlers), except through APIs or other interfaces specifically provided for this purpose, or violate the instructions set out in any robots.ixt or similar file present within the BA Web site; engage in the systematic retrieval of data or other content from the BA Web site, except though APIs or other interfaces specifically provided for this purpose, to create or compile, directly, or indirectly, a collection, compilation, database or directory, without BA's prior written consent; capture, rip, download, or otherwise create a copy of any content that is shown on the BA Sites without obtaining any required permission of the content owner; or take any actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of, any ratings or reviews of any movie or other entertainment program, service or product that may be presented by the BA Service.
You agree and understand that you are responsible for maintaining the confidentiality of the password(s) you use to access the BA Web site. Accordingly, you agree that you will be solely responsible to BA for all activities that occur under your BA Web site accounts, and will be responsible for any breach of these Terms caused by these activities. If you become aware of any unauthorized use of your password or of your account, you agree to notify BA immediately.
The BA Web site will allow you to access information, such as collections of data, video, audio, or other multimedia, and photographs and other static images (the "Content"). This Content may be owned by BA, other companies that give BA the right to distribute their Content, or users of the BA Web site (like you). BA grants you a limited license to view the Content and to use the BA Web site for personal, non-commercial purposes as set forth in these Terms or in a manner that does not require a license. Unless the Content was legally posted by you on the BA Web site, you may not distribute copies of the Content in any form (including by e-mail or other electronic means), without prior written permission from its owner except as permitted by law. Of course, you are free to encourage others to access the Content and to tell them how to find it.
In addition, our Content providers want to remind you that you must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. The copying, downloading, stream capturing, reproduction, duplication, archiving, distribution, uploading, publication, modification, translation, broadcast, performance, display, sale, or transmission of the Content is strictly prohibited unless it is expressly permitted by BA in writing. You may not incorporate the Content into any hardware or software application. This prohibition applies even if you intend to give away the derivative materials free of charge.
You understand that by using the BA Web site you may be exposed to Content that you may find offensive, indecent or objectionable. In this respect, you use the BA Web site at your own risk. If you would like to use them, there are commercially available services and software that can limit exposure to material that you may find objectionable.
BA welcomes your feedback about the BA Web site. BA asks that you limit your feedback to the BA Web site. Any communications you send to BA are deemed to be submitted on a non-confidential basis and become the sole property of BA. BA may, in its sole discretion, reproduce, use, publish, modify, disclose, distribute, or otherwise use these communications in any way and for any purpose. All of these uses by BA shall be without liability or obligation of any kind to you. These uses may include, for example, use of the content of any of these communications, including any works, marks or names, ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose without any obligation to compensate the originator of the communications and without liability to that person.
You acknowledge and agree that BA (or BA's licensors) own all legal right, title, and interest in and to the BA Web site, including any intellectual property rights which subsist in the BA Web site (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Unless you have agreed otherwise in writing with BA, nothing in the Terms gives you a right to use any of BA's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features except as permitted by law. ((you have been given an explicit right to use any of these brand features in a separate written agreement with BA, then you agree that your use of these features shall be in compliance with that agreement, any applicable provisions of the Terms, and BA's brand feature use guidelines as updated from time to time.
Unless you have been expressly authorized to do so in writing by BA, you agree that in using the BA Web site, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is intended to cause confusion about the owner or authorized user of these marks, names or logos.
BA welcomes links to the homepages of any of the BA Sites. You are free to establish a hypertext link to these homepages so long as the link does not state or imply any affiliation, connection, sponsorship, or approval of your site by BA. BA does not permit framing or inline linking to the BA Sites or any portions of them.
The Terms apply to all users of the BA Web site. Except as described below, depending on whether you are an unregistered user or a registered user, you can discontinue your use of the BA Web site so that these Terms no longer apply to you.
You agree to indemnify, defend, and hold harmless BA (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of the Terms or unauthorized use of the BA Web site. BA reserves the right, at its election to assume the exclusive defense and control of any matter subjectto indemnification by you and you agree to cooperate with BA in connection with our defense.
BA is committed to complying with U.S. copyright and related laws, and requires all users of the BA Web site to comply with these laws. Accordingly, you may not use the BA Web site to store any material or content, or disseminate any material or content, in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law.
If you are the owner of any copyrighted work and believe your rights under U.S. copyright law have been infringed by any material on the BA Web site, you may take advantage of certain provisions of the Digital Millennium Copyright Act (the "DMCA") by sending BA's authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon BA's receipt of a satisfactory notice of claimed infringement, BA will respond expeditiously either directly or indirectly (i) to remove the allegedly infringing work(s) accessible through the BA Web site or (ii) to disable access to the work(s). It is BA's policy in accordance with the DMCA and other applicable laws to reserve the right to terminate access to the BA Web site (or any part of those services) for any user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who BA, in its sole discretion, believes is infringing these rights. BA may terminate access to the BA Web site at any time with or without notice for any affected customer. or user. If the affected user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter notification to BA. Upon BA's receipt of a counter notification that satisfies the requirements of DMCA, BA will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification. In all events, you expressly agree that BA will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
Attn: Legal & Business Affairs
PO Box 10935
Glendale, Arizona 85318-0935
Any notification of claimed infringement must be in a form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be Sable to BA, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.
If a notification of claimed infringement has been filed against you, you can file a counter notification with BA's designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.
BA reserves the right to change these Terms from time to time consistent with applicable contract laws and principles. When these changes are made, BA will make a copy of the updated Terms available at this web page and may also make any updated Terms available to you by e-mail, direct mail, or other reasonable means as selected by BA.
BA will make the updated Terms available to you before they take effect. You understand and agree that if you use the BA Web site after the date on which the Terms take effect; BA will treat your use as acceptance of the updated Terms.
The Terms constitute the whole legal agreement between you and BA and govern your use of the BA Web site, and completely replace any prior agreements between you and BA in relation to the BA Web site.
You agree that BA may provide you with notices, including those regarding changes to the Terms, by e-mail, regular mail, or postings on the BA Web site.
You agree that if BA does not exercise or enforce any legal right or remedy which is contained in the Terms (or which BA has the benefit of under any applicable law), this will not be taken to be a formal waiver of BA's rights and that those rights or remedies will still be available to BA.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
You acknowledge and agree that each member of the group of companies of which BA is the parent shall be third party beneficiaries to the Terms and that these other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or entity shall be third party beneficiaries to the Terms.
The Terms, and your relationship with BA under the Terms, shall be governed by the laws of the State if Arizona, without regard to its conflict of laws provisions. By using the BA Web site, you consent to the exclusive jurisdiction of the state and federal courts in Phoenix, Arizona, in all disputes arising out of or relating to the Terms or BA Web site.
Revised and Effective: September 15, 2016
Revised and Effective: January 22, 2019