Terms of Use

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Date of last revision: February 2, 2010.

Thank you for using the Aspiring Architects (AA) Website. Your use of this Website, located at www.AspiringArchitects.com ('Website") and the information, content and services available through this Website are subject to these Terms of Use ("Terms").

We may update these Terms from time to time without notice. Your use of this Website after we post any changes to these Terms constitutes your agreement to those changes. If you do not agree to any of these Terms, please do not use the Website. You can review the most current version of the Terms of Use agreement on this page. These Terms apply to our Privacy Policy and all other policies relating to the use of this Website.

AspiringArchitects may, at its sole discretion, and at any time, discontinue this Website or any part thereof, with or without notice, or may prevent your use of this Website with or without notice to you. You agree that you do not have any rights in this Website and that AspiringArchitects will have no liability to you if this Website is discontinued or your ability to access the Website or any information you may have posted or provided on the Website is terminated.

This Website is targeted to adults (individuals over the age of 18) who are interested in or already have an architectural license. Nevertheless, we recognize that it is possible that children may stumble upon our Website.

In accordance with relevant laws, we do not knowingly collect personal information from children under the age of 13. If you are a parent or guardian and you believe we have obtained information about your child who is under the age of 13, please contact us immediately so that we can delete it.

Legal Notices

You shall not remove any legal notices or credits, or any additional information contained along with the notices and credits posted on our Website. Our Website may contain references to trademarks, copyrighted materials, technologies, products, processes and software and other proprietary rights of AspiringArchitects or other parties. No license to or right in any such trademarks, copyrighted materials, technologies, products, processes, software or other proprietary rights of AspiringArchitects is granted to or conferred upon you.

AspiringArchitects Content

Content on this Website that is provided by AspiringArchitects or its licensors, including original art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, and the compilation of the foregoing ("AspiringArchitects Content") is the property of AspiringArchitects and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

You are authorized to access and use the Website and related AspiringArchitects Content as set forth in these Terms, provided that: (i) your use of the Website and AspiringArchitects Content as permitted hereunder is solely for your personal, non-commercial use; (ii) you will not copy, distribute or transfer any portion of the Website or AspiringArchitects Content on any media without AspiringArchitects's prior written or electronic approval; (iii) you will not alter, adapt or otherwise modify any part of the Website or AspiringArchitects Content other than as may be reasonably necessary to use that part of the Website or AspiringArchitects Content for its intended purpose; and (iv) you will otherwise comply in full with these Terms.

Links To Third Party Sites

The Website may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of AspiringArchitects and AspiringArchitects is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. AspiringArchitects is not responsible for webcasting or any other form of transmission received from any Linked Site. AspiringArchitects is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AspiringArchitects of the site or any association with its operators.

User Content

The Website may now or in the future permit the submission of text, files, images, photos, video, sounds, musical works, works of authorship, text postings, and other materials and content ("User Content") by you and other users on public or shared areas (e.g., password protected forums) of our Website. Please note that User Content does not include information you provide through online forms for purposes of establishing an AspiringArchitects Account, to request additional information, or to sign up for any products or services we offer. It also does not include evaluations, supervisor ratings or other data about Record holders that may be made available online to authorized individuals.

You understand and acknowledge that any User Content you make available online in any manner and for any reason will not be treated as confidential or proprietary and may be preserved or disclosed by AspiringArchitects at our discretion.

You shall be solely responsible for any User Content you submit and the consequences of posting or publishing it. With respect to any User Content you submit, you affirm, represent and warrant that: (i) you own or have the necessary licenses, rights, consents or permissions to use and authorize AspiringArchitects to use all patent, copyright, trade secret and trademark rights or other proprietary rights to enable inclusion and use of User Content in the manner contemplated by the Website and these Terms; and (ii) you have the written consent, release and/or permission of each identifiable individual person in your User Content to use the name, likeness or other personal characteristics of each such identifiable individual to enable inclusion and use of such User Content in the manner contemplated by the Website and these Terms.

By submitting User Content to AspiringArchitects, you hereby grant AspiringArchitects a worldwide, non-exclusive, irrevocable, royalty-free, sublicensable and transferable license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media), the User Content, in whole or in part, including future rights that AspiringArchitects (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law.

User License

You also hereby grant each user of the Website a non-exclusive license to access your User Content through the Website, and to use, access, reproduce, distribute, transmit, forward, display and perform such User Content, in whole or in part, to the extent permitted by the Website under these Terms (the "User License"). This User License granted by you will terminate as to your removable User Content once the particular User Content is removed or deleted from the Website. Not all User Content you may post or information about your trading activity on the Website can be removed by users, so please keep this in mind when accessing our Website.

In addition, AspiringArchitects will have the right to refuse, remove or delete any User Content which it reasonably considers to violate these Terms or to otherwise be illegal or objectionable with or without prior notice or explanation.

AspiringArchitects Posting Rules - Acceptable Use Policy

Your posting of User Content is subject to these Terms, any additional terms posted for a specific feature, as well as the following submission rules ("Posting Rules"), to which you agree to adhere through your use of the Website:

  • By contributing this content you are affirming that you are 18 years old or more and are fully able and competent to enter into and comply with these Terms.
  • You agree not to post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by AspiringArchitects.
  • You will not post any User Content that contains personal information about any other individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including—without limitation—the personnel of AspiringArchitects.
  • You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content or other content transmitted through the Website.
  • You will not misrepresent an affiliation with another person or organization, nor will you post any content that that infringes any copyright, trademark, patent, trade secret, or otherwise subject to intellectual property rights of a third party.
  • You will not use this Website to harm minors in any way or to send any content that we deem in our sole discretion to be inappropriate for minors, offensive, or incompatible with the character or subject matter of this Website.
  • You will not upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other material that contains business solicitations of any type, including advertising a product or service or offering a product or service for sale.
  • You will not post any software to the Website, nor will you post links to online locations or post files that do not comply with these Terms, and you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation or features of the Website.
  • You will not modify in any way any specifications, technology, software or application codes provided to you by AspiringArchitects or as embedded in the User Content unless expressly authorized in writing by AspiringArchitects.
  • You will not intentionally or unintentionally violate any applicable local, state, national or international law.
  • You will not collect any Personal Information on the Website about other Website users.
  • You will not share or transfer passwords or other access information with any other party, temporarily or permanently.
  • You will not use the Website or any AspiringArchitects Content in any way that harms any user of the AspiringArchitects Website.
  • You will not use the Website in any manner that could overburden, or impair the Website (or the networks or systems connected to the Website).
  • You may not use any device, software or instrumentality to interfere with the proper working of our Website or disobey any requirements, procedures, policies or regulations of networks connected to the Website.

AspiringArchitects may cancel your account and delete User Content associated with your account at any time without notice, if AspiringArchitects deems in its sole discretion that you have violated these Terms, the Posting Rules, the law, or for any other reason. AspiringArchitects assumes no liability for any information removed from our Website, and reserves the right to permanently restrict access to the Website or a user account.

You understand that AspiringArchitects has no responsibility to monitor any materials posted, transmitted, or communicated to or within the Website. If you believe that something on the Website violates these Terms, please e-mail support [at] AspiringArchitects [dot] com.

No Infringing Use

AspiringArchitects respects the intellectual property of others, and we expect our users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users of the Website who infringe or repeatedly infringe the copyrights or other intellectual property rights of AspiringArchitects or other rights owners.

Notices And Procedure For Making Claims Of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent: I.Ivanchenko (P.O. Box 3958, Los Altos, CA 94024, 650-7043392, copyright [at] aspiringarchitects [dot] com)

ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

If you are a copyright owner or an agent thereof and believe any User Content or other AspiringArchitects Content infringes upon your copyrights, please send us a notice containing substantially all of the following information:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with substantially all of the above requirements of this Section we may not be able to remove the alleged infringing content.

Security

You are solely responsible for protecting the security and confidentiality of your password, and are accountable for any activity undertaken through your AspiringArchitects account.

You shall not violate or attempt to violate the security of the Website. Violations of system or network security may result in civil or criminal liability. AspiringArchitects reserves the right to investigate occurrences which may involve such violations and may involve and cooperate actively with, law enforcement authorities in prosecuting users who have participated in such violations.

Public Communications

With respect to all online feedback, questions, comments, suggestions and the like that you submit to AspiringArchitects through this Website: (i) you shall have no right to confidentiality in these communications and AspiringArchitects shall have no obligation to protect your communications from disclosure; (ii) AspiringArchitects shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) AspiringArchitects shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

Note that this section does not apply to secure private communications you may have with AspiringArchitects regarding your Account. Unless otherwise noted, AspiringArchitects will strive to maintain the security and confidentiality of your Account.

Your Account

You represent that any information you post or provide to AspiringArchitects by means of this Website, including, without limitation, as part of any registration, application or inquiry, is true, accurate, not misleading and offered in good faith.

You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify AspiringArchitects as soon as possible of any breach of security or unauthorized use of your account.

Privacy

Your privacy is important to us. Our Privacy Policy is incorporated in this Agreement by reference and is subject to these Terms. To review the AspiringArchitects Privacy Policy, click here.

Indemnity

You agree to indemnify and hold AspiringArchitects and its agents and licensors harmless from any claim or demand, including costs or attorneys' fees, made by any third party due to or arising out of your use of this Website, including with respect to any information you submit, post to or transmit through the Website, your violation of these Terms, or your violation of any rights of another person or entity.

Warranty Disclaimer

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. ASPIRINGARCHITECTS MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS. ALL WEBSITE INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. ASPIRINGARCHITECTS DOES NOT WARRANT THAT THE WEBSITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL ASPIRINGARCHITECTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES, COSTS OR ATTORNEY'S FEES ARISING OUT OF OR RELATING TO THESE TERMS, USE OF OR THE OPERATION OF THE WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE TO RECOVER MONEY, IF ANY, THAT YOU PAID TO ASPIRINGARCHITECTS, OR $250, WHICHEVER IS LESS, AND FOR YOU TO DISCONTINUE YOUR USE OF THE WEBSITE.

You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website and will not make any claim against AspiringArchitects for lost data, re-run time, inaccurate output, work delays, or lost profits resulting from the use of the materials.

Limited Time To Bring Your Claim

You and AspiringArchitects agree that any cause of action arising out of or related to the Website or any Website Information must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Miscellaneous

Both you and AspiringArchitects acknowledge and agree that no partnership is formed, and neither  you nor AspiringArchitects has the power or the authority to obligate or bind the other.

These Terms will be governed by and construed in accordance with the laws of California (USA) without regard to conflicts-of-laws principles. By using this Website, you hereby agree that the exclusive jurisdiction for any and all disputes regarding these Terms shall lie in the federal and local courts of California.

These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

If AspiringArchitects fails to act with respect to your breach or anyone else's breach on any occasion, AspiringArchitects is not waiving its right to act with respect to future or similar breaches.

The failure of AspiringArchitects to comply with the Terms of Use because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of AspiringArchitects, shall not be deemed a breach of these Terms.

These Terms constitute a binding agreement between you and AspiringArchitects, and are accepted by you as a condition for your use of the Website or your account. These Terms constitute the entire agreement between you and AspiringArchitects regarding the use of the Website and your account.

AspiringArchitects Intellectual Property Rights

Unless otherwise specified herein or within the Website, the following notice applies to all Website content:
Copyright © 2009 Aspiring Architects, All rights reserved.