Terms of a License 2015-12-05
By using our services you agree to our general Terms of a License as outlined below:
These license terms are binding for the operator of the archinoah Portal, Florian Illenberger & Samsarah Lilja GbR (“Archinoah”), as well as any Portal User who uses or downloads content from the Portal and provides content on the Portal. The User acknowledges and agrees to being bound to the conditions of this agreement as well as its applicability for all uploaded or downloaded/used content.
is any User of the archinoah Portal who uploads content, downloads available content or uses content or posts such in another way on the Portal.
is any User who provides archinoah and other Users with content for use on the Portal by way of an entry or upload.
is all entries, documents, files or information which a Poster makes available to archinoah and other Users for use on the Portal by way of an upload.
is the process by which the Poster provides archinoah with content.
is the process by which archinoah makes content available to Users on the Portal.
refers to the entire range of online offers and services that can be accessed on www.archinoah.de, www.archinoah.com and any other domains that provide a link to archinoah’s websites.
2. Types of License
2.1 archinoah provides different types of license for using the content on the Portal. When posting content, the Poster may select one or more of these types of license under which the content should be provided.
2.2 The types of license are determined by the following definitions:
2.2.1 Legacy License
The Legacy License grants the User the following use:
- To use the content provided solely for private, non-commercial purposes (e.g. for work as part of a university course); usage on a homepage, other website or on social media is excluded.
- No transfer, delegation or sub-licensing.
2.2.2 Basic License
covers all content which a Poster posts on the Portal from the effective date or content to which a Poster assigns this license form. The use of content under the Basic License is only possible with Credit Points or as a Premium Member.
The Basic License grants the User the following use:
- To use the content provided for private purposes.
- To use the content provided for commercial purposes (e.g. presentations, brochures, visualizations), whereby the content may not constitute the central value of the use, may not be singled out prominently and may not be used as a stand-alone (e.g. a photographic image may not be used as the prime motive). This restriction applies to all applications and media, e.g. even social media.
- No transfer, delegation or sub-licensing.
2.2.3 Fee-based License
covers all content to which a Poster assigns this license form. Usage of content under the Fee-based License is possible in accordance with the conditions of the Basic License and against payment of a fee. If a User does not have any Credit Points in his or her user account and is not a Premium Member, he or she can purchase content under the Fee-based License.
The fee shall be set by archinoah. archinoah thereby acts as the representative of the Poster with signing authority and receives a commission for this (see Clause 7.2 below).
The Fee-based License grants the User the following use:
- As with the Basic License.
The Fee-based License is not available to Users for downloading content until it is activated by archinoah.
2.2.4 Individual License
also covers all content to which a Poster assigns this license form. Content and conditions of use under the Individual License as well as any fee to be paid are negotiated and agreed upon individually in each case between the Poster and the User via archinoah. archinoah is entitled to appropriate commission (see Clause 7.2 below).
The Individual License allows the User to use the content as agreed between the Poster and the User. It is, however, not permitted to grant an exclusive license to the User; content will remain on the Portal under the other (selected) types of license in all cases.
2.3 Posters must observe the rights and obligations with regard to posted content under Clause 5 of these license terms.
2.4 When using the content, Users must observe the restrictions of the license types and the rights and obligations under Clause 6 of these license terms.
The Poster remains the author and owner/holder of the rights to the content posted. archinoah is neither holder nor custodian of the content, nor is it in any way legally or economically responsible for the content. archinoah’s rights of use as set out under Clause 4 of these license terms shall remain unaffected by this.
4. Rights of archinoah to Content
4.1 The Poster grants archinoah the free, non-exclusive, globally valid and perpetual right for all content, to use this content without restriction to provide the services offered on the Portal, in particular to publish, reproduce and have the content reproduced (e.g. by other Users), to make it publically available, to distribute it, to publically reproduce it, to edit it and also to use it in parts or sections.
4.2 The Poster shall also grant archinoah the right to provide other Users with content under the license forms specified under Clause 2 and to further assign or sub-license the defined rights of use to users. archinoah shall only provide the content in the license form selected by the Poster. This does not however apply to the Legacy License or the Basic License, for which archinoah is always authorized to provide said content.
5. Rights and Obligations of those Posting Content
5.1 By posting content on the Portal the Poster guarantees that he or she is entitled to grant archinoah all rights provided for in the applicable license types under these license terms, is not in violation of third party rights (specifically copyright and other commercial property rights) and that the content is free from malware. The Poster shall indemnify and hold archinoah harmless against third party claims related to the actual or alleged violation of rights through the posting or provision of content on the Portal or related to damage owing to malware contained in the content.
5.2 The User waives, where permissible, the right to be cited as the author of the content when other Users use the content. This applies in particular to individual graphics, textures, CAD objects, etc., which are usually linked to other elements. The waiver of the right to be named as author does not apply to the use of scientific articles or publications of the Poster, nor does it apply if author naming is customary in the sector.
5.3 In the event that a purchase agreement is concluded between the Poster and another User by means of a Fee-based License or an Individual License, the rights of the Poster are determined by the conditions agreed upon when the contract was concluded. Should the Poster opt for a Fee-based License and/or an Individual License for his or her content, he or she is under obligation vis-à-vis the other User in the event that a contract is concluded to fulfil the obligations of said contract; he or she is not entitled to cancel the process unless there is good cause to do so.
5.4 Upon successful conclusion of a contract, the Poster is obligated in the case of the Fee-based License and the Individual License to pay commission (see Clause 7.2) to archinoah. This shall also apply should the Poster not receive the fee owed by the User.
6. Rights and Obligations of Content Users
6.1 If the User can only use the content with Credit Points, these will be deducted from the User’s account if he or she proceeds to use the content. The amount of Credit Points required in each case is calculated on the basis of information relating to the respective content.
6.2 The User acknowledges and accepts that all rights to the content remain with the Poster, and particularly that no claim to ownership arises from an authorized download. Users are strictly forbidden from publishing the content of other Posters as their own intellectual property. Unless otherwise specified between the respective Users under an Individual License, the transfer, delegation or sub-licensing of content or rights is expressly prohibited.
6.3 In the case of a permitted use of content in accordance with this licensing agreement the User is under obligation
- to cite the respective author (“author naming”) if and to the extent that this is customary in the sector;
- by posting content on the Portal the Poster guarantees that he or she is entitled to grant archinoah all rights provided for in the applicable license types in these license terms, is not in violation of third party rights (specifically copyright and other commercial property rights) and that the content is free from malware. The Poster shall indemnify and hold archinoah harmless against third party claims related to the actual or alleged violation of rights through the posting or provision of content on the Portal or related to damage owing to malware contained in the content.
6.4 If a Fee-based License or an individual license is purchased, the purchase price shall become due immediately once the contract has been concluded. Unless otherwise agreed by the User and the Poster, the purchase price should be settled by means of the payment method offered by archinoah or selected by the Poster. archinoah reserves the right to restrict the available payment methods for the purpose of risk management.
7. Rights and Obligations of archinoah as agent
7.1 archinoah shall provide, on behalf of the Poster, systems on the Portal for collecting the fee that it may have obtained for the Poster by means of license types. Nevertheless, the purchase agreement shall only come into being between the Poster and the User, archinoah is merely the agent. archinoah is however authorized in this connection to act as a representative for the Poster with signing authority and to set the fee for the Fee-based License.
7.2 Mediation and purchase transactions are handled by archinoah alone. archinoah is authorized to request a sales commission from the Poster in line with the fees regulations valid at the time of the respective contract conclusion (which can be accessed here) as payment for mediating and transacting purchases. archinoah is entitled to offset the commission claim against revenues.
7.3 archinoah shall pay out collected fees to the Poster, however only from a minimum amount of EUR 50 after offsetting the commission claim.
7.4 If the contract between the User and archinoah is terminated, irrespective of the legal grounds, archinoah shall pay out the revenues still due to the User upon request (in text form at least). If the amount of the revenue to be paid out falls short of the minimum amount, archinoah is entitled to charge the User a processing free of EUR 15.00 and to offset this against the revenue.
8. Status of Rights after Deletion of User Account
If the contract between the User and archinoah is terminated, irrespective of the legal grounds, archinoah is entitled to continue to provide the existing content of the Poster subject to the provisions of the Legacy or Basic License for a period of 60 months without archinoah thereby becoming the owner of the content or otherwise responsible for it. If the Poster has selected the Fee-based License for specific content, the content shall only continue to be provided under the Basic License from this point.
9. Other Provisions
In al other cases, the provisions of archinoah’s GTCs shall also apply to these license terms, in particular Clauses 12 - 15.