TERM & CONDITION

Terms & Condition

Arxilab.com, Inc. ("Arxilab", "we", or "us") is pleased to provide you with access to the Arxilab™ network and other online features, services, and programs (collectively, the "Website"). Arxilab is provided subject to acceptance of all the following terms and conditions (this "Agreement"), including the Privacy Policy available at https://www.arxilab.com/policy. By using the Website, you agree to comply with and be bound by this Agreement, which we may change at any time. Please read this Agreement carefully, and check these terms and conditions periodically for changes. If you do not agree with any part of this Agreement, you should not access or use the Website.

Summary of Service

Arxilab is a platform where certain users ("Clients") launch contests ("Contests") where they request designs from architectural designers ("Designers"). Through the Website, users have access to content including, but not limited to, videos, photos, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, materials, and other information, as well as related trademarks and copyrighted works (collectively, the "Site Content"). Clients and Designers (collectively, "Users") may have the ability to contribute, add, create, upload, submit, distribute, facilitate distribution, collect, post, or make other content accessible (User Content, further discussed in Section 6). User Content, unless otherwise stated, includes architectural designs submitted by Designers during Contests ("Design Submissions").

This site can only be accessed by Users who are members of the Arxilab Network and have (a) registered for the Website and paid all fees due to Arxilab, if any, in connection therewith; and (b) obtained a valid password to access the Website from us. Furthermore, you agree to the following: You represent that you are either over 18 years old, or a minor who has been emancipated, or have the consent of a legal parent or guardian, and fully capable and competent to enter into, comply with, and abide by the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. In no event shall you represent that you are over 13 years old, as the WEBSITE IS NOT INTENDED FOR CHILDREN UNDER THE AGE OF 13. Except as expressly stated in regard to User Content (as defined below), Site Content and other content from the Website are owned by us or third parties. We grant you permission to access, view, use, copy, or print the Site Content solely for personal, non-commercial purposes. You shall not use, modify, copy, print, display, reproduce, distribute, or publish any information from the Website without prior written consent from Arxilab. At any time, without further notice, we may make changes to the Website or this Agreement. All software used on the Website is owned by us or third parties, and except as may be necessary to use such license, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation, or reduction of such software to human-readable form is prohibited. You agree, and represent and warrant, that your use of the Website and Site Content, or any part thereof, will be consistent with the licenses, agreements, and restrictions contained in this Agreement and will not violate or infringe upon the rights of others or breach any contractual or legal obligations to others. Additionally, you agree that you will comply with all applicable laws, regulations, and rules that relate to the Website or Site Content or your use thereof, and you will be solely responsible for any individual violations thereof.

User Accounts, Passwords, and Security

01. User Account For certain features available through the Website, we require the use of encryption technology provided for your protection and/or the use of a user identification name ("User ID") and password after setting up a user account ("User Account"). You shall not use another person's User Account and/or User ID without permission. We take reasonable precautions to protect the privacy of your User ID, password, and User Account information using a Secure Socket Layer (“SSL”) connection. However, you are solely responsible for protecting your User ID, password, and User Account information from disclosure to third parties, and you are not allowed to circumvent the use of necessary encryption technology. You agree to (i) immediately notify Arxilab of any unauthorized use of your User ID, password, or User Account, or any other security breach, and (ii) ensure that you log out of your User Account at the end of each session. You are solely responsible for all activities that occur in connection with your User Account and User ID. Although we provide some encryption technology and use other reasonable precautions to protect your confidential information and provide appropriate security, we cannot guarantee or warrant that information transmitted over the Internet is secure, or that such transmission is free from delay, error, interception, or interruption. User Accounts and User IDs are non-transferable.

02. Accuracy of Information In creating and using your User Account on the Website, you agree to: (i) provide true, accurate, current, and complete information about yourself on the registration form required on the Website (this information is "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide information that is untrue, inaccurate, not current, or incomplete, or if Arxilab has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Arxilab has the right to suspend or terminate your User Account and refuse all current or future use of your User Account.

Disclaimer of Warranties and Limitation of Liability

01. Disclaimer of Warranties Arxilab makes no representations or warranties of any kind regarding the Website, Site Content, or User Content. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, SERVICES, SITE CONTENT, AND USER CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. ARXILAB DOES NOT WARRANT OR REPRESENT THAT THE WEBSITE, SERVICES, SITE CONTENT, USER CONTENT, OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR WILL REMAIN ACCURATE, COMPLETE, UNINTERRUPTED, OR ERROR-FREE, THAT THE SITE CONTENT AND/OR USER CONTENT WILL NOT INFRINGE ON ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS WILL BE CORRECTED, THAT THE WEB PAGES ON THE WEBSITE OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE ARE OR WILL REMAIN FREE FROM VIRUSES, WORMS, TIME BOMBS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON WHO USES THE WEBSITE WILL BE THE PERSON HE OR SHE REPRESENTS TO BE. ARXILAB DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT ARXILAB WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

02. Indemnification You agree to indemnify and hold harmless Arxilab and its affiliates, subsidiaries, owners, directors, officers, employees, and agents from and against any and all claims, demands, suits, legal proceedings, liabilities, judgments, losses, damages, costs, and expenses (including but not limited to reasonable attorney's fees) assessed or incurred by Arxilab, directly or indirectly, arising out of or in connection with: (i) your failure to comply with this Agreement; (ii) your breach of your obligations under this Agreement; (iii) your use of the rights granted herein, including but not limited to claims made by any third party; (iv) your violation of third party rights, including but not limited to intellectual property rights, property, or privacy rights, including claims between Clients and Designers; and/or (vi) claims that any of your User Content caused damage to a third party.

03. Disclaimer of Damages ARXILAB SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR FROM INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED OR MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. SOME STATE LAWS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Third Party Content

The Website may contain links to other websites operated by third parties, or Arxilab may provide third-party content on the Website through framing or other methods. LINKS TO THIRD-PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY, AND DO NOT IMPLY ENDORSEMENT, SPONSORSHIP, OR AFFILIATION WITH THE LINKED WEBSITE. CONTENT ON ANY LINKED WEBSITE IS NOT UNDER THE CONTROL OF ARXILAB, AND ARXILAB IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS ON THIRD-PARTY WEBSITES. IF YOU DECIDE TO ACCESS ANY THIRD-PARTY WEBSITES LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK. If a third party links to the Website, it does not necessarily indicate endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with Arxilab. In most cases, Arxilab is not even aware that a third party has linked to the Website. Third parties linking to the Website: (i) may link, but not replicate, the Content of the Website; (ii) may not create a browser, border, or frame around the Content of the Website; (iii) may not imply that Arxilab endorses it or its products; (iv) may not misrepresent its relationship with Arxilab; (v) may not present false or misleading information about Arxilab's products or services; and (vi) should not include content that could be construed as distasteful, offensive, or controversial, and should contain only content that is appropriate for all age groups.

User Content

The Website now or in the future allows the submission of various forms of content submitted by you and other users ("User Content") as well as the organization, distribution, and/or publication of such User Content. Arxilab does not guarantee any confidentiality with respect to the submission of User Content to us. By using the Website, you may be exposed to User Content that is offensive, indecent, or inappropriate. User Content posted by users of the Website is not under Arxilab's control, and Arxilab is not responsible for such User Content. If you decide to access any User Content, you do so entirely at your own risk.

You retain all ownership rights in your User Content. However, by submitting User Content to Arxilab, you hereby grant Arxilab, and you promise that you have the right to grant us, a non-revocable, perpetual, non-exclusive, transferable, fully paid-up, worldwide (with the right to sublicense) license to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) your User Content for any purpose, commercial, advertising, or otherwise, in or in connection with the Website, Services, or their promotion, and to create derivative works of, or incorporate into other works, your User Content. You also hereby grant each user of the Website a non-exclusive license to access your User Content through the Website, and to use and reproduce such User Content for personal, non-commercial use as permitted through the Website's functionality and under this Agreement.

If you submit Design Submissions for a specific Contest launched by a specific Client, you hereby grant that Client a non-revocable, perpetual, non-exclusive, transferable, fully paid-up, worldwide (with the right to sublicense) license to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) such Design Submission for any purpose, commercial, advertising, or otherwise, within the scope of the project brief for that specific Contest, subject to perpetual attribution rights.

Clients submitting Design Submissions agree to (i) describe in the Contest project brief, as fully and accurately as possible, the intended use of the Design Submission, including project scope, project timeline, Client's role in the project, and (ii) take reasonable steps to ensure that, during and after the Contest, the Design Submission and its modifications are always attributed to the Designer.

You acknowledge that you publish and make your User Content available for viewing by third parties, that your User Content may be attributed to you, that third parties will access your User Content through the Website, and that Arxilab will not be responsible to you for the use or misuse of your User Content by any third party.

You agree not to use the Website to: (i) upload, post, email, or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, false, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including, but not limited to, any Arxilab officer or employee; (iv) falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers to disguise the origin of any User Content transmitted through the Website; (vi) upload, post, email, or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as internal information, confidential information learned or disclosed as part of employment relationships or under nondisclosure or confidentiality agreements); (vii) upload, post, email, or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright, or other intellectual property rights of any party, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Arxilab all of the license rights granted herein; (viii) upload, post, email, or otherwise make available any advertising, promotional materials, spam, phishing schemes, pyramid schemes, or any other form of unauthorized or unsolicited solicitation; (ix) upload, post, email, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (x) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website; (xi) intentionally or unintentionally violate any applicable local, state, national, or international law; (xii) stalk or otherwise harass another person; or (xiii) collect or store personal data about other users.

You acknowledge that Arxilab does not pre-screen User Content, but Arxilab and its designees have the right (but not the obligation) to refuse, move, and/or delete any User Content available on or through the Website, at their discretion. Without limiting the foregoing, Arxilab and its designees have the right to remove any User Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Site Content or User Content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on Site Content or User Content created by Arxilab or submitted or appearing on the Website.

You acknowledge and agree that Arxilab may store User Content and may also disclose User Content if required to do so by law or in the good faith belief that such storage or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any User Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Arxilab, its users, and/or any third party.

Arxilab does not endorse User Content or the opinions, recommendations, or advice contained therein, and Arxilab expressly disclaims any and all liability in connection with User Content. Arxilab does not permit copyright infringement and intellectual property infringement activities on the Website, and Arxilab will remove all Site Content and User Content if properly notified that such Site Content or User Content infringes on another's intellectual property rights. Arxilab reserves the right to remove Site Content and User Content without prior notice. Without limiting Arxilab's right to terminate User Accounts pursuant to Section 10 of this Agreement, Arxilab will terminate the User Account of users of the Website who have been notified of infringing activity more than twice and/or have had User Content removed from the Website more than twice. Arxilab also reserves the right to decide whether User Content is appropriate and complies with this Agreement for violations other than intellectual property infringement, such as, but not limited to, obscene or defamatory material. Arxilab may remove any User Content and/or terminate User Accounts for uploading such material that violates this Agreement at any time, without prior notice and at its sole discretion.

Subject to the rights granted to us and third parties in this Agreement, you retain all of your User Content and any intellectual property rights associated with your User Content. You may remove your User Content, except for Design Submissions and Contest details, from the Website at any time, but the licenses you have granted will remain in effect. Unless another part of this Agreement applies, upon request and at Arxilab's sole discretion, Design Submissions may only be removed with the consent of the Client who submitted them, and Contest project briefs may only be removed with the consent of all Designers who submitted Design Submissions for that Contest and who received at least an "honorable mention" in that Contest.

Trademarks, services, and logos used and displayed on the Website, including the ARXILAB trademarks and logos, are registered and unregistered trademarks of Arxilab. All trademarks and services of Arxilab that may be referred to on the Website are owned by Arxilab. Trademarks and services of other parties that may be referred to on the Website are the property of their respective owners. Arxilab is the copyright owner or authorized licensee of all text and graphics on the Website. Nothing on the Website should be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use Arxilab's trademarks, services, or copyrighted materials without the prior written permission of Arxilab. You may not use the name of Arxilab or any other protected trademarks, services, or copyrighted material of Arxilab in any manner, including in advertising, hyperlink, publicity, or promotional materials of any kind, whether relating to the Website or otherwise, without the prior written permission of Arxilab, except that a third party website that wants to link to the Website and complies with the terms of Section 5 above may use the name "Arxilab" in text format only in or as part of such link.

If you believe that any Site Content or User Content on the Website infringes on your intellectual property rights other than copyright (which is covered by Section 7 above), please contact Arxilab at the address, email address, or phone number listed at the bottom of this Agreement.

Local Laws

Arxilab makes no representation that the content or materials on the Website are appropriate or available for use in jurisdictions outside Indonesia. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from another jurisdiction, you do so on your own initiative and are responsible for complying with applicable local laws. Arxilab is not responsible for any violations of the law. You may not use or export the Site Content or materials on the Website in violation of Indonesian laws and export regulations. You also agree to comply with all applicable laws regarding the transmission of technical data exported from Indonesia and the country in which you reside (if different from Indonesia).

Taxes & Reporting

Each User is solely responsible for complying with all income taxes, payroll taxes, withholding taxes, sales and use taxes, VAT or foreign withholding taxes, government reporting requirements, and other legal requirements applicable under the applicable law, including but not limited to those applicable to the purchase and sale of services from and by independent contractors.

Service Termination

We may terminate your User Account or your right to access protected portions of the Website at any time, without notice, for any reason or no reason, or for behavior we deem to be in violation of this Agreement and/or detrimental to other users of the Website, to Arxilab, to the Website's Internet service provider, or to other information providers.

Customer Comments

We welcome submissions of comments, information, or feedback through the Website. If you submit ideas or suggestions for the Website, Site Content, or Services ("Service Comments"), the Service Comments will be deemed, and will remain, the sole property of Arxilab. None of the Service Comments will be subject to any obligation of confidentiality on the part of Arxilab, and Arxilab will not be liable for the use or disclosure of Service Comments. Without limiting the foregoing, Arxilab shall be entitled to use and exploit Service Comments without limitation for any purpose, commercial or otherwise, in any manner, through any media, without compensation to the provider, author, creator, or inventor of the Service Comments.

Modifications

Arxilab reserves the right to modify this Agreement, any aspect of the Services, or its policies at any time, with or without notice to you. You have an obligation to review the latest version of this Agreement and other Arxilab policies before using the Website. Your use of the Website following any amendments to this Agreement will signify your acceptance and agreement to the revised terms.

Severability

If any provision of this Agreement, or its application, by a competent court, is declared to be invalid or unenforceable, the remaining provisions of this Agreement will be interpreted in such a way as to reasonably achieve the parties' objectives. The parties also agree to replace the invalid or unenforceable provision with a valid and enforceable provision designed to achieve, as far as possible, the business purpose and intent of the invalid or unenforceable provision.

Waiver

No waiver of any provision of this Agreement will be deemed a further or continuing waiver of that provision or any other provision, and such waiver can only be given if it is in writing and signed by both parties to this Agreement. Arxilab's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Your Agreement to This Agreement:

This Agreement, together with Arxilab's Privacy Policy available at http://www.arxilab.com/policy, and any other legal notices published by Arxilab on the Website, shall constitute the entire agreement between you and Arxilab regarding the Website. You agree that the electronic text of this Agreement constitutes a writing. By accessing and using the Website, you give your consent and agree to be bound by the terms of this Agreement, and such consent and agreement shall be deemed a "signature" for all purposes.