Terms & Conditions
- Definition: “Media” means all visual representations furnished to Client by RoseCity 3D, whether 3D Showcase, photography, videography, etc; delivered, or stored in photographic, magnetic, optical, electronic, or any other media. “Client” refers to the real estate agent, office, or other party purchasing services from RoseCity 3D.
- Rights: All media and rights relating to them, including copyright, ownership, and re-usage rights remain the sole and exclusive property of RoseCity 3D. No usage rights are transferred to Client until RoseCity 3D has received payment in full. Unless specifically provided elsewhere in this document, no reprographic, reprint, republication or other secondary reproduction usages may be made. RoseCity 3D maintains the right to use media for marketing, promotion, or other purposes.
- Indemnification: Client will indemnify and defend RoseCity 3D against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of any media or arising out of use of or relating to any materials furnished by Client. Unless delivered to Client by RoseCity 3D, no model or property release exists, and it is Client’s responsibility to obtain the necessary permissions for usages that require any model or property releases not delivered by RoseCity 3D. It is Client’s sole responsibility to determine whether any model or property releases delivered by RoseCity 3D are suitable for Client’s purposes. RoseCity 3D liability for all claims shall not exceed in any event the total amount paid under this invoice.
- Assumption of Risk: Client assumes full risk of loss or damage to or arising from materials furnished by Client and warrants that said materials are adequately insured against such loss, damage, or liability.
- Transfer and Assignment: Client may not assign or transfer this agreement or any rights granted under it. This agreement binds Client and inures to the benefit of RoseCity 3D, as well as their respective principals, employees, agents, and affiliates, heirs, legal representatives, successors, and assigns. Client and its principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for additional media, fees and expenses that could not be confirmed in writing because of insufficient time or other practical considerations. This agreement incorporates by reference the Copyright Act of 1976, as amended. It also incorporates by reference those provisions of Article 2 of the Uniform Commercial Code that do not conflict with any specific provisions of this agreement; to the extent that any provision of this agreement may be in direct, indirect, or partial conflict with any provision of the Uniform Commercial Code, the terms of this agreement shall prevail. To the maximum extent permitted by law, the parties intend that this agreement shall not be governed by or subject to the UCITA of any state. RoseCity 3D is an independent contractor and not an employee. If RoseCity 3D is deemed under any law to be an employee of Client, and if the media are therefore considered works made for hire under the U.S. Copyright Act, Client hereby transfers the copyright to all such Images to RoseCity 3D. Client agrees to execute any documents reasonably requested by RoseCity 3D to accomplish, expedite or implement such transfer.
- Disputes: Except as provided in  below, any dispute regarding this agreement shall, at RoseCity 3D’s sole discretion, either:
- Be arbitrated in Portland, Oregon, under rules of the American Arbitration Association and the laws of the state of Oregon; provided, however, that irrespective of any specific provision in the rules of the American Arbitration Association, the parties are not required to use the services of arbitrators participating in the American Arbitration Association or to pay the arbitrators in accordance with the fee schedules specified in those rules. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $5,000 or less may be submitted without arbitration to any court having jurisdiction thereof.
- Be adjudicated in Portland, Oregon under the laws of the United States and/or of the state of Oregon.
- In the event of a dispute, Client shall pay all court costs, RoseCity 3D’s reasonable legal fees, and expenses, and legal interest on any award or judgment in favor of RoseCity 3D.
- Federal Jurisdiction: Client hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by RoseCity 3D under the Copyright Act of 1976, as amended, including subsidiary and related claims.
- Reshoots: Client may be charged 100 percent fee and expenses for any reshoot required by Client. For any reshoot required because of any reason outside the control of Client, specifically including but not limited to acts of God, nature, war, terrorism, civil disturbance or the fault of a third party, RoseCity 3D will charge no additional fee, and Client will pay all expenses. If RoseCity 3D charges for special contingency insurance and is paid in full for the shoot, Client will not be charged for any expenses covered by insurance. A list of exclusions from such insurance will be provided on request.
- Assignment Cancellations and Postponements: Cancellations: Client is responsible for payment of all expenses incurred up to the time of cancellation of the assignment, plus $100. Postponements: Unless otherwise agreed in writing, Client will be charged a 100 percent fee if postponement of the assignment occurs after photographer has departed for location. Clients may reschedule without fee with at least a 48 hours notice. Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, acts of God, nature, war, terrorism, civil disturbance, and the fault of a third party. We assess these fees because we have to pay our employees even when a job is rescheduled with short notice.
- Refunds: If client is unhappy with products delivered, RoseCity 3D would first ask for specific problems in the hope to make corrections to satisfy client. If client would still request a refund, RoseCity 3D will at its discretion, refund paid services as long as client removes media from the internet and all marketing materials. If refunded, client relinquishes all rights to marketing materials and agrees to discontinue using them immediately.
Floor Plan to 3D Specific Terms of Service
1.1 The present Terms of Service (Tos) govern the legal framework for the relationship between RoseCity 3D and the users of their services.
2. Subject of the contract
Subject to these terms and conditions is the present and future use of online products, software and other services (collectively and hereinafter “services”) offered by RoseCity 3D by the user. The contractual relationship between RoseCity 3D and the users is defined by these terms and conditions as well as any individual licence agreements.
3.1. RoseCity 3D resells an Internet platform for three-dimensional interactive representation of architecture and design. RoseCity 3D converts 2D plans to 3D interactive models. The user is aware that the plans generated by RoseCity 3D, or by other means, represent three-dimensional, abstract models, and are not to be treated as exactly-to-scale for further processing.
3.2. the user takes note that the services provided by RoseCity 3D are versions that are in development (known as beta-version). Services are constantly updated due to technical improvement and organizational conditions. RoseCity 3D has the right to extend or restrict the services provided to you at any time either in order to maintain standards of quality, or in response to technical or economic developments.
3.3. RoseCity 3D strives to offer its services, within the limits of operational resources, around the clock, smoothly and without interruptions. Maintenance, troubleshooting, expansion of services, and measures to protect of the infrastructure of the system can necessitate temporary interruptions of operation. The customer is informed of such interruptions, if circumstantially possible.
3.4. RoseCity 3D offers no guarantee that their services are accessible without interruption, that the connection to the servers is always possible, or that data stored in the systems under all circumstances remains stored.
4. Conclusion of contract, termination, changes to the terms of service
4.1. these terms and conditions shall apply during the period of use of the services of RoseCity 3D.
4.2. RoseCity 3D reserves the right periodically to review the terms and conditions and adjust as necessary. Changes and additions to the present terms and conditions may be communicated to the user at www.RoseCity 3D.com/termsandconditions.
5.1. General information
5.1.1. the user is entitled to the proper and lawful use of services and products and undertakes to comply with these terms and conditions and any instructions from RoseCity 3D, particularly with regard to maintenance, updating or deletion of software.
5.1.2. Accurate information must be supplied by the user when ordering, undergoing registration, as well as in connection with the use of the services.
5.1.3. the user is responsible for meeting the technical prerequisites for proper access to RoseCity 3D services. This concerns in particular hardware, operating software, Internet connection and up-to-date browser software. Further requires the user of a computer system with a webGL enabled graphical processor and a webGL capable browser. The user is responsible for ensuring the appropriate settings. It is the responsibility of the user to take the measures necessary to safeguard their system. Thereunder includes, for example, the security settings of the browser, the installation of a firewall, the use of current software against computer viruses and a regular backup.
5.1.4. the user is obliged to immediately report to Archilogic any errors and interruptions of the services used by them. The user bears the cost of the isolation and troubleshooting of errors incurred by Archilogic if the cause of the fault is the behaviour of the user.
5.2. Responsibility of the user for content
5.2.1. The user is responsible for uploaded content, which they submit, edit or distribute themselves or through the use of RoseCity 3D, or otherwise hold for retrieval (language, images, sounds, computer programs, databases, audio / video files, etc.). The user is also responsible for the evidence (in particular, links) of such information. RoseCity 3D makes no obligation to monitor the content made available by the user.
5.2.2 of the user may not make any illicit content available in the use of RoseCity 3D services. In particular content which violates the rights of RoseCity 3D or third parties, including intellectual property rights or personality rights, is considered to be a violation. Furthermore all contents defined as offensive are violations (particularly in the fields of pornography, depiction of violence, racism, trade secrets, defamation and fraud).
5.2.3. Should concrete information or suspicion regarding the availability of illicit content (cf. para. 5.2.2) arise, RoseCity 3D is entitled to block the user profile of the person responsible wholly or partly and suspend the services provided by RoseCity 3D. RoseCity 3D is entitled to make technical arrangements through which misuse can be discovered, prevented and tracked.
6. Data Protection
6.1.1. RoseCity 3D strives, where operationally possible, to ensure data protection and data security. RoseCity 3D takes appropriate organizational and technical measures to protect personal data against unauthorized access. The use of personal data is carried out primarily for the purpose of the provision and improvement of services.
6.1.2 RoseCity 3D procures and processes personal data only where appropriate and operationally necessary. RoseCity 3D takes appropriate technical and organizational measures in the context of storage and other processing of user data to prevent unauthorised access and processing of this data. At the same time, RoseCity 3D reserves the right to make personal data available to authorities or third parties, insofar as it is legally obliged to do so.
6.1.3. When using the services of RoseCity 3D to enhance the attractiveness of the services or to allow the use of certain functions “cookies” are used. These are small text files that are stored on the user’s computer. So-called permanent cookies remain on the user’s computer and allow RoseCity 3D to recognize the user. The storing of cookies can be restricted or switched-off in the settings of the user’s web browser.
6.1.5. The services of RoseCity 3D use some items and services from third party service providers (so-called plugins) that allow the user access to social networks and other third-party offers. The plugins are marked with their appropriate logo. Third-party service providers include facebook, twitter, google + etc. When the user employs services which contain such plugins, their browser builds a direct connection to the respective servers. In the process, these providers may to a limited extent collect personal data about users of RoseCity 3D. If the user does not wish that these third party service providers collect data, they must log out prior to the visit of RoseCity 3D’s services from facebook, twitter, google + etc.
6.2. plans and other content
6.2.1. The services provided by RoseCity 3D allow user to upload plans of houses and apartments and to furnish these with three-dimensional representations of pieces of furniture. The user thereby empowers RoseCity 3D to edit the corresponding plans as well as the user-generated arrangements. RoseCity 3D is empowered to change, to correct, to process or create processed works from this data or to disclose it to third parties. The user is therefore encouraged to only upload files that RoseCity 3D may use for this purpose.
6.2.2. The appropriate permission to use plans and other generated content helps RoseCity 3D to constantly improve and develop the services provided to users.
7.1. RoseCity 3D strives to provide its services thoroughly and professionally. The user acknowledges that even with utmost care malfunction of the software or the services of RoseCity 3D cannot be entirely ruled out, and that the continuous functioning of the software cannot be guaranteed. Further, even with utmost care, RoseCity 3D cannot guarantee that the data requested by the user be transmitted over the internet correctly and without delay.
7.2. The user must report error messages or defects to RoseCity 3D within 30 calendar days after their determination, sufficiently documented and in writing (by registered letter or by email with subsequent acknowledgement). The user is entitled in the case of defects to repair or a reduction of the payment during the period of the defect. The avoidance or suppression of a defect is considered permissible repair. If a repair of a defect is not possible, the user is entitled to terminate the contract.
8.1. RoseCity 3D accepts no liability for damages that arise to users due to misuse or loss of access data which it licensed and allocated the users. The user is solely responsible for securing their data.
8.2. compensation claims against RoseCity 3D are excluded, unless the damage was caused intentionally or by gross negligence. Liability for consequential, indirect damage or consequential damage is expressly excluded. These include in particular lost profit, loss of production, reputational damage and damages arising from loss of data.
8.3. for slight negligence liability is expressly excluded. Also, RoseCity 3D disclaims liability for their assistants.
8.4. RoseCity 3D excludes in particular any liability for damage caused by incompatibility of the devices used by the users to the system operated by RoseCity 3D, or interruption of data transmission from the user provider to the users, or malfunctioning access security.
8.5. In the case of malfunctions or system failures, RoseCity 3D strives to resolve these as quickly as possible. RoseCity 3D excludes however every liability for damages, which could possibly occur the user due to lack of availability of the database system operated by RoseCity 3D.
8.6 excluded is also any liability for damages caused by unauthorised intervention in the infrastructure of RoseCity 3D by third parties. Specifically intended here are interventions through computer viruses or DDoS attacks, as well as changes caused by hackers and unauthorized emails.
9. Intellectual Property
9.1. for the duration of the contract the user of the services received from RoseCity 3D the non-transferable, non-exclusive right to use of these services.
9.2. all rights to existing or in performance of the contract emerging intellectual property with regard to the services of RoseCity 3D, remain with RoseCity 3D or the third party employed by RoseCity 3D.
10. Severability Clause
Should individual provisions of these general terms and conditions prove to be invalid, ineffective or impracticable, the validity, effectiveness and feasibility of the remaining parts of these terms and conditions is not affected thereby.