Welcome to Modlar, an internationally renowned company providing services to people in the architecture and construction industries. This document constitutes a legally-binding agreement ("Agreement") governing the terms of providing you with our service. Throughout this document, the words "Modlar", "modlar.com", "us", "we", and "our", refer to us, Modlar, our website, modlar.com, or our service, as is appropriate in the context of the use of the words. Likewise, the words "you" and "your" refer to you, the person who is being presented with this document for your agreement.
Description of Service
Modlar is a service which permits its users to upload and share 3D BIM objects and models in a range of formats. Our service is aimed at users in the architecture and construction communities, as well as anybody else who may find the service useful.
When using our website, you will be required to provide your name, e-mail address, company, and occupation to us.
In addition to providing us with the above information about yourself, you hereby attest that your age is at least eighteen years old to sign up for our service, or, if a higher age of contractual capacity exists in your jurisdiction, then you are at least however old that age is.
In supplying your email address you are allowing us to email you with our default email lists. You can unsubscribe at any time from these lists by adjusting your subscriptions from within your account profile.
We disclaim, and you release us from, any liability for the models and objects uploaded on our website. These models and objects may have been uploaded by third parties, and in any event we make no warranties as to the appropriateness of their use. You agree we are not liable for any disputes between you and anybody who uploads models or objects, and that any legal actions arising from those third parties' objects or models that you may bring will not name us, our owners, officers, directors, employees, agents, or other affiliates as defendants.
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our website, or our website itself, without our prior written permission. This includes, but is not limited to, a prohibition on taking models or objects uploaded by third parties.
Modlar is a trademark used by us to uniquely identify our website. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.
Revocation of Consent
Where Modlar has given prior written consent for your use of our protected material in accordance with our above "Copyright" and "Trademarks" provisions, we may revoke that consent at any time. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use.
Our company is multinational with offices located in Christchurch, New Zealand and San Francisco, USA. If you believe that content on our server infringes on a copyright, you must provide us with sufficient notice under Section 92D of the Copyright Act 1994.
You must send this notice, with your signature, to our agent at:
177 Post Street, Suite 750
San Francisco, CA 94108
Representations & Warranties
We make no representations or warranties as to the merchantability of our service or fitness for any particular purpose. You agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from this Agreement or our products, for reasons including, but not limited to, failure of our service, negligence, or any other tort. To the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages that the law restricts our liability to, if such a minimum exists.
You agree that we are not responsible in any way for offers made by third parties through our website.
We are not liable for any failure of our service, including any failures or disruptions, scheduled or unscheduled, intentional or unintentional, on our website which prevent access to our website temporarily or permanently.
The provision of our service to you is contingent on your agreement with this and all other sections of this Agreement.
Nothing in the provisions of this "Representations & Warranties" section shall be construed to limit the generality of the first paragraph of this section.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
Choice of Law
This Agreement shall be governed by the laws in force in New Zealand and USA as per our stated offices. The offer and acceptance of this contract is deemed to have occurred in either one of these regions.
Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in New Zealand or USA pertaining to where the agreement was signed. You agree that, should the amount in dispute be less than $20,000 dollars, the dispute will be heard before the Disputes Tribunal of New Zealand or USA.
Should the amount in dispute be less than $200,000 dollars, you agree to bring the matter only before a District Court of New Zealand or USA.
You agree that all other matters shall be adjudicated by the High Court of New Zealand or USA.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys' fees, court costs, and disbursements in doing so.
You agree that all matters of attorneys' fees, court costs, disbursements, and other expenses shall be awarded according to the rules of the court in which the dispute is brought.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other's operation, Modlar shall have the sole right to elect which provision remains in force.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further details):
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.