Terms of Use MyPlatform

14 Nov 2013

These terms of use apply to any use of MyPlatform as maintained by Van Berkel en Bos U.N. Studio B.V., with offices at Stadhouderskade 113, 1073 AX Amsterdam, the Netherlands (“UNStudio”) and 268 Xizang Middle Road, Shanghai 200001, China ("UNStudio Asia"), by any person (“User”). In these terms of use “you” and “your” refers to you, as the User of MyPlatform. Any reference to UNStudio includes any of its officers, directors, employees, agents and otherwise affiliated companies and persons.

1. Use of MyPlatform
1.1 Binding Terms of Use. By using MyPlatform you agree to be bound by these terms of use, including any amendments thereto from time to time (collectively, the “Terms of Use”). UNStudio may update these Terms of Use in the future, and you will be able to find the most current version of this agreement under Terms of Use MyPlatform. If you do not agree to these Terms of Use, you are not permitted to use MyPlatform and if you violate (any part of) these Terms of Use, you will automatically forfeit your right to use MyPlatform.
1.2 Registration as User and account information. By registering for MyPlatform, you confirm that you are legally competent to form a binding contract. You also confirm that the information provided by you as requested on MyPlatform’s registration form (“Registration Data”), is true, accurate, up to date and complete and that you will maintain, and where necessary update, the Registration Data to keep it like that. Only one registration per person is allowed. You are not allowed (i) to disclose your password to anyone else, (ii) to allow somebody else to use your account, or (iii) to use the account of somebody else.
1.3 Use of Content and MyPlatform. MyPlatform and any materials, documents and other information published or referred to therein (“Content”) is provided on an “as is” and “as available” basis. Any Content is for general information purposes only and does not constitute any advice. Any use of or reliance upon any Content is at all times at your own risk and you will at all times remain liable and responsible for your use of any Content or MyPlatform. You will not use MyPlatform and/or any Content in any manner which (i) infringes or violates any intellectual property rights and/or other rights of third parties, (ii) is otherwise unlawful, or (iii) prohibited by these Terms of Use or any applicable License. You will not attempt to avoid or undermine any protections that have been put in place for the security and operation of MyPlatform or the use of any Content.
1.4 UNStudio as editor. UNStudio is under no obligation to edit, review or otherwise authorise or supervise the publication or distribution of any Content. UNStudio may, either at its own initiative or upon a complaint, review any Content and subsequently request the User responsible for the Content concerned to remove or modify the Content concerned. If the User fails to promptly modify or remove the Content in a satisfactory manner, UNStudio may modify or remove the Content as UNStudio may deem appropriate and take any other action as UNStudio deems appropriate. UNStudio is at all times entitled to edit, modify, suspend, remove or discontinue, temporarily or permanently, MyPlatform and/or any (parts of) Content, with or without prior notice, as UNStudio deems appropriate. UNStudio is not responsible for the quality of any Content or its appropriateness for any particular use or its compliance with any applicable laws or regulations.

2. Applicable Creative Commons License
2.1 CC License. All Content uploaded on My Platform will be subject to and governed by the latest version of the Creative Commons Attribution-NonCommercial-ShareAlike license (“CC License”), unless expressly provided otherwise in connection with any Content. The terms and conditions of the CC License can be found here.
2.2 Non-authorized commercial use. It is expressly stated that any reproduction in three dimensional form of any design, copyrighted work or proprietary technology as well as any manufacturing of any goods incorporating any such design, copyrighted work or proprietary technology qualifies as non-authorized commercial use under the terms of the CC License.
2.3 Breach of license. By using My Platform or any Content, you agree to be bound by and respect the CC License, either in your capacity of licensor or licensee (whatever is applicable). Consequently you shall refrain from any use of any Content which is not expressly provided for in the CC License or any other applicable license as well as any applicable laws. Any violation of any term or condition of the relevant CC License or any other applicable license, also constitutes a breach of these Terms of Use.

3. Your Content
3.1 Responsibility for Content. You - and not UNStudio or any other Users - are and will at all times remain solely liable and responsible for any Content posted by you on MyPlatform (“Your Content”). By posting any Content you represent and warrant that to the best of your knowledge and belief Your Content (i) does not infringe any intellectual property rights and/or other rights of third parties, (ii) is not otherwise unlawful and (iii) can be used in accordance with any applicable License. You will not re-submit Content which you are aware has been removed by UNStudio, unless you have UNStudio’s express permission to do so and you will not manipulate data in order to disguise the origin of any Content.
3.2 Liability. By posting any Content you agree that you will fully indemnify and hold UNStudio and any other Users harmless from and against and pay to them any liabilities, claims and costs of UNStudio and any other Users in connection with any use of such Content in accordance with these Terms of Use.

4. Limitation of liability UNStudio
4.1 No liability. Except as otherwise provided for in these Terms of Use, UNStudio shall have no liability in connection with any use, reliance, modification, suspension, removal, discontinuance, non-accessibility, non-availability, either temporarily or permanently and in whole or in part, of MyPlatform or any Content.
4.2 Damages. In no event shall UNStudio be liable for any indirect, consequential or incidental damages or for any loss of profit, resulting from or in connection with any use of MyPlatform or any Content.

5. Suspending or terminating of your account
5.1 Termination. If you fail to comply with any part of the Terms of Use, including any applicable license, UNStudio is entitled to suspend or terminate your account and refuse any current or future use of MyPlatform. In addition, UNStudio is, at its sole discretion, entitled to check, edit, remove or cancel your Registration Data or User-status, without prior notice and irrespective of any breach of these Terms of Use.

6. Privacy
6.1 UNStudio respects your privacy. Please note that all submitted Registration Data will automatically be made visible on MyPlatform to other Users, with the exception of the required login information (email address and password). Email addresses will only be made visible to other Users after your explicit consent thereto. See also our Privacy Statement for general information about the collection and use of information about visitors of our website www.unstudio.com.

7. General
7.1 Waiver and Severability of Terms. Any failure of UNStudio to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found to be invalid, the court should give effect to the intentions of the parties (i.e. UNStudio and you as a User) as reflected in the provision, and the other provisions of the Terms will remain in full force and effect.
7.2 Choice of law and forum. These Terms of Use are governed by the laws of the Netherlands. The Dutch courts shall have exclusive jurisdiction over any dispute relating to these Terms of Use and/or any use of MyPlatform or any Content