INTRODUCTION

This document comprises the Terms of Use Agreement, hereinafter referred to as the “Agreement”, or “TOS” and constitutes a legally binding Agreement between you, (“You”) the visitor, member or advertiser to or on our Cadlicious.com web site, hereinafter referred to as the “site”, and business that serves as the owner and operator of this site.

 As a condition precedent to you being able to use any of the tools, functions and services provided to you by this site, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement.  Should you access any component of this site, or use any tools, functions or services that this site offers, register as a member, or view any text or graphics, use or visit our forums, purchase digital content, such activities on your part means expressly that you have read this Agreement and agree to be bound by the terms and conditions contained herein.  Should you not agree to be bound by each and every term and condition contained in this Agreement you must leave this Site at once and you may not establish a membership or use our advertising system or any other tool or service that we provide to you. This document serves as your SUBSCRIBER AGREEMENT and as such you must carefully read this document before using the services that we offer. By clicking “I ACCEPT” below you agree to be bound by each of the terms and conditions of these TOS. If you do not agree, click “CANCEL” and you will not have any right or ability to use our tools and services. If these TOS are considered a legally binding offer by us, acceptance thereof is limited expressly to the terms and conditions contained herein.

We reserve the right to refuse to allow access to our tools and services to any party for any reason we deem appropriate.

Subscribers must be at least 18 years of age and legally able to enter into a binding contract.

UNDERSTANDING THE BASICS

Cadlicious is the  one stop web site for CG architecture professionals, where you can network, learn, get inspired, you can find work, get work done, sell your products and find the latest news and events in the CG architecture world. It's free to get a basic profile so sign up now, and start building your online showcase. You can also upgrade your profile to one of our premium memberships to get many advanced features and offers.

Our website contains four major segments.  We provide social network related tools and services so that our users can interact with each other. We also provide a marketplace where users can buy and sell digital assets.  The sales of digital assets are controlled via our End User License Agreement, which we hereby incorporate by reference as fully set forth herein.

We also offer freelance hiring services so that users may offer their professional services to other site members.

Finally, we provide a news service whereby users may upload news and event information and also blog about topics of interest.

MEMBER BEHAVIOUR

Members who use any and all aspects of our site must do so lawfully in all regards.  You may sell only those digital assets that you own. You must act at all times in a civil, polite and respectful manner. All statements you make to us, including all information that you provide us, during enrollment must be complete, accurate and kept up to date. We will terminate your profile and membership at anytime if you violate our terms of service rules, our end user license agreement, or the spirit of our website and business.  “Do no harm.”

VISITOR BEHAVIOUR

Visitors are free to visit our site without establishing a membership or profile. We disclaim any responsibility for any of the user generated content of any and all nature that you encounter via our site and you agree to hold us harmless regarding any losses relating to such content.

YOUR PROFILE

We offer a free membership which has certain limitations which are subject to change. We may terminate the free membership program at any time with no prior notice to you. The current services and related limitations regarding the free profile service is listed on our web site.

 We also offer a “standard” membership paid plan, which has benefits as listed on our web site. This too is subject to modification with no prior notice to you.

 Our third level of membership entitles members to a personal profile and a professional profile, which are interrelated in nature. The personal profile for all members who possess a personal profile entitles the member to have a profile wall with various tools and services as provided by us, including the ability to have a status line, follow friends, interact in forums and publish private comments and so forth. Our profile services and tools are subject to modification with no prior notice to you.

 The professional profile provides certain other tools and services such as the ability to post to a news blog and bid on projects or add projects to our freelance section. Again, all related tools and services relating to the professional profile are subject to change with no prior notice to you.

CADLICIOUS SHOP

 Certain profiles are linked to the user’s shop and that shop is linked to our own shop.   All digital content uploaded to a profile will be published in your personal shop as well as our own shop.  The personal shop is accessible from our own shop as well. We reserve the right to remove content from the shop that is not of a high enough quality, or breaches our terms and conditions. If interested parties encounter your material in our shop, they will have the ability to find your own profile and learn more about you and what you offer to our community. Viewing your profile and portfolio, users may make the decision to contact you If the user is interested in your services or wares.

 Users may have only one profile unless they purchase a duplex profile, but only one shop per person or entity is allowed.

 Sellers may sell only those products they have the legal right to sell. All items sold must be fairly and accurately advertised and promoted. 

 

Sellers are solely responsible for taxes relating to their site earnings and sales.

 Sellers are independent contractors, not our employees. We are an advertising service only and as such act in the normal advertising role as a middleman only.

HOME (Your wall)

 All your posted communications must refrain from being uncivil and illegal. A partial list of banned activities is published below for your review.

 Following and Related Concerns

 Users are free to follow someone else’s profile and to receive updates about that person when he/she adds publically released postings and content. You also may be followed by users who will see what you post and how you interact if such activities are made public by you. You may invite people to join your network or accept invitations to join the network maintained by others. Once in a third person’s network you have the ability to write on their wall, email them, and receive their updates.

BLOG

 We deem our blogs “professional profiles and or news pages.  You may write about news and events only in a civilly responsible and polite manner and you must avoid language that the majority of our user base would deem improper.

 Upload only that content that you own the copyright to or legally control.  You are responsible for you blog and related content, do not allow a third party to use your profile or your membership as you are solely responsible for such activities if they take place.

E-MAIL

 Usage of our email system is subject to your legal usage thereof. Our spam policy is contained below.  Be respectful and lawful as you use this system.

NEWS AND EVENTS

 Members have the ability to upload news and events to our site for publication.  All published information must be accurate and complete in nature. Art nudity is allowed, obscene images are not allowed: no pornography is allowed, that means no depictions of sex, abuse, animals/sex or any other image that image that would be deemed obscene. If you are confused about whether or not your image is obscene under the current law, please contact your attorney.

SHOP

 Buyers of digital content may return a purchase only if it does not work according to the stated specifications of seller. Copies of purchased content may be retrieved from our site for a period of 14 days after purchase only from the users download section in there admin.   We do not make any guarantees regarding the quality of the content you purchase. Please see our End User License Agreement for further details.

PROJECTS - FREELANCING

 Users may use their profile to bid for freelancing jobs or promote jobs that they seek others to fulfill.  We do not interact or police these postings or the activities of the job seeker, job promoter ourselves and are not responsible for your related losses. Please conduct all reasonable due diligence before you perform labor or pay any member for any service or product. All agreements between users are strictly between those parties.  

JOBS

 When posting a job or project on our site, the employing party has the sole responsibility to ensure that the description of the job or project is truthful, correct, complete and up to date. The employing party must only post jobs or projects that are legal to offer according to the laws of the nation in which the employing party is located.  The service provider must ensure that the labor being requested is lawful in the nation in which the service provider is located. The potential service provider has the responsibility to provide truthful, correct, complete and up to date information when applying to be considered as a service provider.

 

Cadlicious cannot be held liable for any agreements, transactions or any other dealings that take place between our members. 

PROJECTS - Posting projects

Those parties who promote a project are solely responsible for the accuracy and legality of the project description in all its aspects and nature. All projects that are listed must be honestly portrayed by their posters. Fraud will be reported to the correct authorities.

USING THE SAFE PAY SYSTEM

We do not provide escrow services. You may voluntarily agree to use our Safe Pay system, where monies are released only upon the agreement of both parties. If both parties fail to agree to release funds, then they will be returned to the person who posted the funds to the Safe Pay account. 

Please not that the safe pay system is not in any way guaranteed by any bank or government agency or similar banking insurance protections. 

We may offer a dispute resolution service at a set fee.  In our dispute resolution service, we may listen to the comments of both parties and then make non-binding suggestions as to a potential resolution. All legal rights of due process and litigation remain in the hands of the related parties. 

Funds may be released from the safe pay system to service providers based on milestones agreed to by the relevant parties. A release of funds for one individual milestone does not mean that there will be further funds released for subsequent milestones as both parties must agree to the release of funds relevant to any particular milestone. Once the paying party has agreed to a release of funds relevant to any milestone there can be no refund to the paying party.  Once a paying party agrees to release funds to a service provider, which means that the paying party has concluded that a non-revocable payment is to be made to the service party.  We are not responsible for any disputes that arise between the paying party and the receiving party particularly where those disputes arise after the release of payment has been authorized by the paying party. 

FORUMS

Our forums are for legal, honest, civil communications only.  Do not upload content that you do not own.  Our user restrictions as contained below also relate to forum usage. Be polite and do no harm. We are not responsible, as stated below for any of the content you might encounter in our forums.

RELATED RESTRICTIONS

These TOS are void where prohibited by law and no Subscriber may use our tools and services in such jurisdictions. 

 

SUBSCRIBER LIMITATIONS

Subscriber, which includes all publishers, advertisers and other parties using our tools and services, warrants that it will not (whether a publisher, advertiser or otherwise) publish songs or other content that is infringing, defamatory, indecent, obscene, intolerant, racist or that otherwise violates any law or right of any third party or entity, as set forth herein.

We reserve the right to remove any content from the site at any time for any reason, or to terminate any user’s right to use the site at any time for any reason.  We may or may not provide a reason for removal of services to any user if we deny services. 

Fraudulent, abusive or criminal activity will most certainly result in a Subscriber being banned from our services. Subscriber will not operate a Maillist, Listserve or any form of auto-responder. No automated processes that run while subscriber is not logged in are allowed.

 

Subscriber agrees that we have no special relationship with Subscribers and no fiduciary duty exists that we are responsible for.  We have no duty to take any action regarding which users gain access to the site or services, what content subscribers access or receive via our services, what content other users make available or publish, how any content is used or interpreted, or any action any party takes in regard to any content published via our services. We have no control over how content is displayed. Subscriber assumes the sole risk and responsibility for all content provided by advertisers. We make no representations regarding any issues of civil or criminal liability regarding any advertisement.

 

There are no refunds available or offered regarding any subscription fees even if we terminate subscription for any reason or if the subscriber requests an early termination of a subscription.  Please note that we may change subscription fees during subscriptions, if we should raise a subscription price during the subscription this will have no effect on the subscriber until the subscription period elapses and then is renewed by the subscriber.  However, if fees are reduced during a subscription period there will be no refunds for the related reduction.

 

RESTRICTIONS

You may not resell or sublicense your User Account to any third person.

PRIVACY ISSUES

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC

2701-2711) and as stated by any similar law in your jurisdiction:

WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON OR THROUGH THE SITE, SERVICES OR ANY WEBSITE LINKED TO THE SITE.  We are not liable for the privacy of any email address, registration or identification information, data storage, communications, trade secrets, or any other content stored in our database or transmitted through our services. 

You may be provided with the ability to select a password and User ID. If so, you must provide us with accurate, complete and updated registration information or your account shall be terminated. You may not select or use a User ID that is the name of another person or use any name that you are not legally allowed to use or one that violates the legal rights of another person or entity. You may have only one User ID. You are responsible for the security of your password and User ID.

INDEMNIFICATON

 You will indemnify us and hold us harmless, including our parent organization, subsidiaries, affiliates, officers and employees harmless, including costs, fees, damages and reasonable attorney’s fees, from any claim or demand made by any third party due to or arising out of your use of our tools or services and or any action you have taken relating to your use of our Web Site and the related tools and services.

GENERAL RULES OF CONDUCT

You may not:

  • Violate the law of any jurisdiction while visiting our site, our forums, or using any tool or service that we provide.
  • Harass or Cyberstalk any user.
  • Conduct any activity that is harmful or detrimental to our site, or business, our users, or our advertisers, as solely determined by us.
  • Post any information or content that is obscene, indecent, defamatory, hateful or intolerant in nature or in violation of the laws of any jurisdiction.
  • Upload any material that is harmful to our user’s computers or objectionable to our community as a whole.
  • Falsely represent yourself as another person or as a representative of a business or entity that you do not actually represent.
  • Falsely represent your professional or business credentials or professional background.
  • Publish content that is false, deceptive, misleading, deceitful, or

           constitutes "bait and switch.”

  • Publish content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to

      make available under any law or under contractual or fiduciary relationships.

  • Publish content that constitutes or contains  "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited

           commercial advertisement.

  • Advertise any service or good that is illegal or prohibited by law.
  • Distribute any files that are harmful to computers, telecommunications, or individuals or property.
  • Send email that constitutes or contains  "affiliate marketing," "link referral code,"

           "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited

            commercial advertisement.

  • Use any form of automated device or computer program that enables the

submission of postings on our site, including our forums, without each posting being  manually entered by the author thereof (an "automated posting device"), including  without limitation, the use of any such automated posting device to submit  postings in bulk, or for automatic submission of postings at regular intervals or use a third  party posting agent to post content to our site without our written permission.

We may post rules, guidelines or policies, including rules, guidelines or policies that concern our forums.  Upon the posting of such materials, they immediately become incorporated by reference into this Agreement as if fully set forth herein.

ANTI SPAM POLICY

Any activity generally described as “spamming” by the Internet Community, such as unsolicited emails, irrelevant or commercially based postings for any purpose will result in membership and access to our site being terminated without prior notice to the member.

PRIVACY POLICY

We have published a privacy policy. The privacy policy is hereby incorporated by reference into this Agreement as if fully set forth herein.

Disclaimer of Warranty 

We issue no warranty whatsoever and do not make any representations or warranties regarding the availability, suitability, reliability, merchantability, non-infringement, capability, usefulness or fitness for any general or particular purpose of the site, or the tools, products or services herein supplied or sold or regarding the characteristics of services provided by or through the site, or regarding the timeliness, accuracy or usefulness of information obtained from or through the site. The site and all content contained, distributed, sold or published via the site are provided to you "As Is, Where Is", without any warranty of any kind, express or implied.

Limitations of Liability 

Our parent entity and its officers, employees, agents and assigns will not be liable for any damage or injury caused by the use of this site, including but not limited to failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or on-line failure. 

Confidential Information

Subscriber agrees to refrain from disclosing any Confidential Information that belongs to us, without our prior written permission. Such Confidential Information includes information regarding our software, programming, scripts and technical specification as to each, guidelines, documentation, inventions and developments that the Subscriber creates based on our intellectual property, click through rates, statistics relating to our site or services, and other information marked as “Confidential” by us. Confidential information does not include information that has become known to the public through no breach of Subscriber or that has been independently developed without access to our confidential information as proven by written history of the development of the same, or otherwise rightfully received by a third party, or released pursuant to law or governmental authority or order of the Court of competent Jurisdiction.

RELEASE OF SUBSCRIBER DATA 

We may keep and use for our own purposes all information and data that the Subscriber provides us, including site demographics and contact and billing information. Subscriber agrees that this information is freely transferrable by us and may include personally identifying information. Such information may be released by us to entities in jurisdictions that have less restrictive laws regarding privacy than the United States has.

 

We disclaim all responsibility and will not be liable to Subscriber for any such disclosure of information to any third party or entity.  We may share aggregate information that is not personally identifiable with our advertisers, publishers, partners and any other third parties. Subscriber gives us the right to access, index and cache Subscriber’s web site, including through tools such as spiders or crawlers.  We also have a non-exclusive license to republish in any medium all advertisements, web pages, banners, interstitials or other user generated content, including photographs, for marketing purposes with no restrictions or payment due to Subscriber.

SEVERABILITY 

If any provision of these TOS are found to be unenforceable or invalid, that provision(s) the remaining provisions shall be valid and enforceable. This Agreement is not transferrable by Subscriber but is fully and without limitation of any nature transferrable and assignable by us.

 

No Agency

 

No agency, partnership, employment or joint venture is created by these TOS. Each party is an independent contractor as to the other party.  Subscriber has not ability to represent or bind us in any way.

 

DMCA COMPLAINTS

 

NOTIFICATION OF CLAIMS OF INFRINGEMENT (USA RESIDENTS ONLY)

 

If you believe that your work has been copied in a way that constitutes

copyright infringement, or your intellectual property rights have been

otherwise violated, please notify us for notice of claims of

copyright or other intellectual property infringement, at

 

abuse@cadlicious.com

 

Please provide us with the following Notice:

 

a) Identify the material on our site that you claim is

infringing, with enough detail so that we may locate it on the website;

 

b) 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;

 

c) A statement by you declaring under penalty of perjury that (1) the above

information in your Notice is accurate, and (2) that you are the owner of

the copyright interest involved or that you are authorized to act on behalf

of that owner;

 

d) Your address, telephone number, and email address; and

 

e) Your physical or electronic signature.

 

We will remove the infringing posting(s), subject to the procedures

outlined in the Digital Millennium Copyright Act (DMCA).

INTELLECTUAL PROPERTY PROVISIONS

All content provided within or via this site is protected by various UK and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements.  No intellectual property of any nature contained within or via this Site may be copied, published, or broadcast in any way without the written permission of the content owner.  The content of this Site may not be “framed” or “mirrored. All content on this site is protected by UK copyright laws. 

TERMINATION OF SERVICE

We reserve the right to terminate any and all service provided to you (either as a group or as an individual user or member) at any time without notice for any reason we deem fit.  We also reserve the right to discontinue any service or modify any service with no notice to you.

EQUITABLE ORDERS

You agree that monetary damages may not adequately provide a remedy for us if you violate any of the terms and conditions of this Agreement and you agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate any element of this Agreement.

AUTOMATIC VIEWING OR USAGE OF THIS SITE

 

You may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on this site.  You may not engage in denial of service attacks upon the servers that publish this Site.  You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Site.

LINKS TO THIRD PARTY SITES

We may provide links to third party sites; however, we are not responsible for the content of such sites or their terms of use or privacy policies.  Please carefully review the terms of service and privacy policies of all such sites prior to usage.  You assume the risk of any usage of such third party sites.

 

 CONTENT ISSUES

We are not responsible for any content provided to you by our site members or advertisers.  We do not screen content provided by our site Members or any third parties or entities and you agree that we do not have any duty to do so prior to such being published on our site. We are not liable for any content that may be obscene, indecent, misleading, fraudulent, racist, intolerant, harmful or otherwise objectionable where such content has been displayed due the actions of one or more of our users or any third party or entity.  We are not responsible for any content provided to our site by members or third parties that may infringe on intellectual property rights, rights of privacy or publicity, or any rights of any nature in any jurisdiction. You agree to hold us harmless regarding any claims arising from your exposure, or the exposure of your family members, loved ones, or computers, to objectionable content and agree to waive any possible liability that we may have regarding content provided to us via members or third parties that violate any intellectual property rights or any other civil law.

 

You understand and agree that use of the Internet means that you are subject to the risk of receiving or viewing harmful offensive content and files.  We do not promise that we will review and edit all content for safety, quality, accuracy, or decency that you encounter via our Site.


Jurisdiction

 

This Agreement, including all Disclaimers, will be governed by and construed in accordance with the internal laws of the Denmark excluding that body of laws known as choice of law or conflict of laws.  Subject to the provisions of this Section all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through the courts of the Denmark.

FOREIGN USAGE

We make no representation that the usage of this site, or the content provided herein, will not violate the laws of your local jurisdiction.  You are responsible for the laws of your jurisdiction, especially if you are accessing this site from outside the Denmark.

ERRATUM

 

This site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.

 

Modifications of this Agreement

 

We may revise or modify any portion of this Agreement at any time without notice to you.  You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this site or elsewhere.  Any usage of this site or tools, functions or services that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement.

 

NOTICES

 Notices to you may be issued via electronic mail or by surface mail, at our sole selection.

 FORCE MAJEURE

Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. We are not responsible for server downtime under any circumstances.

 

Intellectual Property Notices have been Provided to You

You agree that you have been suitably noticed of any trademark, trade dress, service mark, copyright, patent or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be “willful” in nature.

 

All product names, marks, logos, symbols, and company names are the property of their respective owners and subject to the protection of various laws and regulations.

 

Contacting Us

Gray Lindström ApS

Lindebugten 61,2
2500 Valby
Denmark.