© 2018 lumionvietnam.com. All rights reserved.No portion of this web site or the service may be reproduced in any form, or by any means, except as authorized below, without prior written permission from lumionvietnam.com
2. Use of Lumionvietnam
3. User Accounts
- A. Account Creation.Upon signing in to Lumionvietnam the first time, you need to create an account. Currently, you may create a Lumionvietnam account by signing in with a valid Google ID (a username/password combination used to access your Google account) or LumionVietnam ID (a username/password combination issued by LumionVietnam). To sign in using a Google ID, you must authorize Google to share account information with LumionVietnam and you must maintain your Google ID in good standing subject to any separate user terms between you and Google. The authentication information Google provides to LumionVietnam or you provide to LumionVietnam may contain personally identifiable information, which will be handled by LumionVietnam as described below, and we may publicly display the username and profile photo (if any) associated with your LumionVietnam or Google user account. You are entirely responsible for maintaining the confidentiality of your password and account credentials, and you agree that LumionVietnam may terminate your access to Lumionvietnam 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 LumionVietnam immediately of any unauthorized use of your account or any other breach of security. LumionVietnam 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.
4. Age Restrictions
You may not register for a user account or use Lumionvietnam to Distribute Models if you are under 13 years of age unless we have verified parental consent.
5. Third Party Models, Products and Services
Some of the Lumionvietnam Materials (defined below in Section 10) may be provided or owned by third parties. LumionVietnam does not endorse, guarantee or provide a warranty for the third party Lumionvietnam Materials and may or may not review them for compliance with law (copyright, patent or any other laws) or LumionVietnam policies. Use of a third party Model is governed by the License Terms Applicable to Models set forth below. LumionVietnam 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).
6. LumionVietnam Proprietary Products and Services
LumionVietnam’s obligations with respect to its own, proprietary products and services are governed solely by the terms and conditions of agreements under which LumionVietnam provides them to you. If you obtain a LumionVietnam proprietary product or service through Lumionvietnam 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 LumionVietnam product or service is at your own risk.Nothing herein grants you any license, rights, title or interest in or to the LumionVietnam SketchUp software which is licensed to you pursuant to a separate agreement (“SketchUp License Agreement”). LumionVietnam may update, fix or upgrade the SketchUp software from time-to-time without notice and such changes may affect compatibility or interoperability of your Model. Your right, if any, to receive such updates, fixes or upgrades is dependent upon and governed by the terms of the applicable SketchUp License Agreement between you and LumionVietnam.
7. License Terms Applicable to Models
8. Availability of Models
9. Distribution of Models through Lumionvietnam
- Grant of Licenses. Distributors grant two licenses to their Models as follows:To LumionVietnam. For all Models you Distribute on or through Lumionvietnam, you hereby grant to LumionVietnam 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 Lumionvietnam each Model and related content, including without limitation as necessary to promote, operate and make available Lumionvietnam and any related LumionVietnam products or services. The foregoing license includes the rights for LumionVietnam to make available Models (or any parts, related content or derivative works thereof) through LumionVietnam’s partners and sublicensees.
To the End User. You will make your Models available to end users pursuant to the General Model License.
- Title and Ownership.As between you and LumionVietnam, except for the limited license rights granted herein, all right, title and interest in and to the Models you Distribute shall remain yours.
- LumionVietnam Not Responsible for Your Models.LumionVietnam 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 LumionVietnam policies or Qualifications. Distribution of your Models on Lumionvietnam is at your own risk.
- 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 LumionVietnam 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.
10. Lumionvietnam Materials; Use Restrictions
- Use RestrictionsYou may not:
Misuse includes, but is not limited to:
- Using Lumionvietnam 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;ii. Using Lumionvietnam Materials in such a manner so as to interfere unreasonably with its use by others;iii. Attempting or assisting another to access, alter, or interfere with the communications and/or information of another user;iv. Scraping information from Lumionvietnam;v. Account fraud or unauthorized access of an account;vi. Uploading, or otherwise making available, any Models or any other Lumionvietnam 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;vii. Advertising, offering to sell or buy goods (other than Models, if applicable), or using Lumionvietnam Materials for business promotional purposes, except as expressly permitted by LumionVietnam or the General Model License;viii. Violating any code of conduct associated with Lumionvietnam, or any applicable laws or regulations;ix. Taking any action that imposes an unreasonable or disproportionately large load on Lumionvietnam 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; orx. Using any messaging functionality made available through Lumionvietnam 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.
11. User Posted Materials
Lumionvietnam 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 Lumionvietnam, YOU UNDERSTAND AND AGREE THAT:
- You are granting LumionVietnam, its designees and sub-licensees, consent and permission to use your User Communications, including without limitation, worldwide, royalty-free, non-exclusive, perpetual license rights with right of sublicense to disclose, reproduce, store, display and perform (publicly or otherwise), publish, adapt, modify, transmit, distribute, have distributed, edit, translate, reformat, create derivative works based on and otherwise use such User Communications; andii. You represent and warrant that you own or otherwise control all of the rights to your User Communications and that your User Communications will not infringe or violate the rights of any third party.If you use the “Contact Me” functionality provided by Lumionvietnam to send private messages to other users, you acknowledge and agree that those other users will be able to see your name and email address in the “reply to” field of your message, view the contents of your message and respond directly to the email address associated with your account.
LumionVietnam shall have no obligation to monitor User Communications (including other users’ responses to private messages).LumionVietnam reserves the right at all times to disclose any information as LumionVietnam 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 LumionVietnam’s sole discretion.LumionVietnam DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY USER COMMUNICATIONS AND, THEREFORE, LumionVietnam 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.Please note: LumionVietnam has no obligation to remove any User Communications that you have opted to input and share absent LumionVietnam’s receipt of your written request to do so. You may submit a request for removal of your shared User Communications from the applicable forum or webpage to the email address designated for such purpose or to sketchup@Lumionvietnam.com. LumionVietnam does not guarantee that it will be able to remove all instances of your User Communications and removal will not affect any licenses granted in connection with your User Communications prior to the time of their removal.
12. Ratings and Reviews of Models
- Terms Specific to Developers.LumionVietnam shall have no responsibility for ratings or to monitor ratings, but may use the ratings to determine the placement of Models, to change the placement from time-to-time, or to remove Models in LumionVietnam’s discretion.
Any action you take based on any rating is at your own risk and in your sole discretion.If you post a review of your own Model, you must disclose your identity and the fact that the Model being reviewed is your Model. If you pay or otherwise incent others to post a review of your Model, you must require that party to disclose that fact in their review. If you post a review of a competitor’s Model, you must disclose your identity and the fact that you publish a competitive Model.
13. Aggregated Information; Feedback
In addition to LumionVietnam’s other rights, LumionVietnam may collect aggregated information regarding your interaction with Lumionvietnam and Models (excluding any personally identifiable information) and may exploit and use such aggregated information for any purpose without restriction. LumionVietnam may freely use, copy, disclose, prepare derivative works based on, publicly perform or display, distribute and exploit any feedback, bug reports or suggestions you provide to LumionVietnam (including in User Communications) regarding Lumionvietnam Materials or other LumionVietnam products and services, without any obligation, royalty or restriction based on intellectual property rights or otherwise.
14. Termination Rights for Violations; Removal of Content and Discontinuation of Service
15. Lumionvietnam Messaging
You agree that LumionVietnam may contact you with messages sent from time to time through your personal computer, mobile phone or other wireless device delivered using SMS-based text messages, email messages or other communication mechanisms, in situations when such contact is required to respond to your User Communications, send you service announcements or administrative messages, inform you about material events concerning you and your account, or send marketing communications describing new Lumionvietnam features or highlight featured content to you. You may opt out of those LumionVietnam marketing communications at any time by updating your account preferences.
Upon a request by LumionVietnam, you agree to defend, indemnify and hold harmless LumionVietnam 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:
- Your use or misuse of Lumionvietnam Materialsii. Distribution of your Modelsiii. Violation of the Qualificationsvi. Intellectual property infringement by your Modelsv. Your use of any Models you have downloadedvi. Your breach of the General Model License associated with Models you have downloadedLumionVietnam 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 LumionVietnam in asserting any available defenses. You may not settle any claim without the prior written consent of LumionVietnam in each case.
17. No Exclusivity
18. Warranty Disclaimer
LumionVietnam assumes no responsibility for the accuracy of Lumionvietnam Materials; nor does LumionVietnam warrant that Lumionvietnam Materials are up-to-date, that Lumionvietnam Materials will meet your needs, that Lumionvietnam Materials will be available at any particular time or location, that any defects or errors will be corrected, or that Lumionvietnam Materials are free of viruses or other harmful components. Your use of Lumionvietnam Materials and Distribution of Models is at your sole risk. Mention of non-LumionVietnam products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.Lumionvietnam MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY BY LumionVietnam OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.
19. Limitation of Liability
20. Links to Third Party Web Sites
Lumionvietnam may contain links to third party web sites whether provided by LumionVietnam or a user of Lumionvietnam. Access to any other web site linked to Lumionvietnam is at the user’s own risk. LumionVietnam 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. LumionVietnam provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
21. Linking to Lumionvietnam
You may create links to Lumionvietnam from other web sites, but only in accordance with the following guidelines (or other guidelines that LumionVietnam may provide from time to time) and in compliance with applicable law. A web site that links to Lumionvietnam:May refer to the LumionVietnam company name, SketchUp or Lumionvietnam name or product names in a plain text font and format in accordance with LumionVietnam’s general trademark usage guidelines, using appropriate wording such as “This way to Lumionvietnam” or “Click here for more information on SketchUp products.”Shall not imply that LumionVietnam is endorsing its products.Shall not misrepresent its relationship with LumionVietnam.Shall not present false information about LumionVietnam products or services.Shall not use the LumionVietnam or SketchUp or Lumionvietnam logos or other trademarks (including third party trademarks) without permission from LumionVietnam or the owner of the trademark.Shall not charge or attempt to charge for the use of Lumionvietnam or any Models which are not your own Models.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 Lumionvietnam you agree to promptly remove such link at LumionVietnam’s request.
22. Copyright and Trademark Information
Copyright information and a current list of United States trademarks owned by LumionVietnam is set forth at https://www.dmca.com/site-report/sketchup.Lumionvietnam.com.
23. U.S. Government Restricted Rights
Lumionvietnam is administered by LumionVietnam from its offices or those of its affiliates at various locations within the United States of America. LumionVietnam may also make use of its U.S. or foreign affiliates or one or more external service providers to host Lumionvietnam. Consequently, data is collected, sent, processed and stored in the United States and may be collected, sent, processed and stored outside the United States. You acknowledge that in the event of conflict of privacy laws or practices in your jurisdiction and those in the domicile of the entity hosting Lumionvietnam the law applicable in the domicile of the hosting entity will have precedence at all times.LumionVietnam makes no representation that the Warehouse Materials are appropriate or available for use in locations outside the United States, and accessing them from territories where they are illegal is prohibited. You may not use or export or re-export the Warehouse Materials or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, United States export laws and regulations. If you choose to access Lumionvietnam from locations outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
25. Choice of Law and Forum
26. Contacting LumionVietnam or the SketchUp division
27. Digital Millennium Copyright Act
Notice and Procedure for Making Claims of Copyright InfringementIf you believe that your work has been copied in a way that constitutes copyright infringement, please provide LumionVietnam’s DMCA administrator the written information specified below, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2).An electronic or physical signature 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 Lumionvietnam;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.LumionVietnam’s DMCA administrator for notice of claims of copyright infringement on Lumionvietnam can be reached as follows:DMCA AdministratorLegal DepartmentLumionVietnam.Hanoi, VietnamLumionvietnam@gmail.com
28. General Provisions