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Masia renovation project. Attempt to combine modern standards of living with historic look of the building
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In favorites (5)
Masia renovation project. Attempt to combine modern standards of living with historic look of the building
Last updated on August 22, 2018
Planner 5D is an online service for creating detailed home plans & modern interior design available on multiple platforms.
The terms and conditions contained herein (hereinafter, the “Terms” or “Agreement”) set out the legal agreement between you (either an individual or legal entity) and UAB “Planner5D”, a legal entity incorporated and existing under the laws of Lithuania with its registered address at Antakalnio St. 17, Vilnius, Lithuania, 10312, including its affiliates (hereinafter, “Planner 5D”, ”we”, “our”, “us”). These Terms govern your use of Planner 5D’s website, services, products, projects, applications, features, technologies and software, including those which we may offer to you in the future (hereinafter collectively, the “Services”), except where we expressly provide that separate terms shall apply. By using our Services, you agree to be bound by these Terms, and all terms, policies and guidelines incorporated in the Terms by reference, including without limitation, Privacy Policy, Cookies Policy and Refund Policy.
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Planner 5D makes no warranties or representations about the accuracy or completeness of the content of the Services and of the content of any sites linked to the Services; Planner 5D assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of such content, (ii) any unauthorized access to or use of our Servers and/or any and all information stored therein, (iii) any interruption or cessation of transmission to or from the Services, (iv) any bugs, viruses or any other similar software which may be transmitted to or through the Services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service.
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The applicable law of the Agreement and the relations arising out of the Agreement between the Parties, including the issues of conclusion, validity, invalidity and termination of the Agreement, is the law of the Republic of Lithuania without regard to principles of conflict of laws.
In an effort to accelerate resolution and reduce the cost of any dispute, controversy or claim related to, or arising out of, these Terms or any policy, document or agreement incorporated herein (hereinafter, the “Dispute”), you and Planner 5D agree to first attempt to negotiate any dispute, controversy, or claim, whether based on contract, tort, fraudulent misrepresentation, statute, regulation, constitution, common law, equity, or any other legal basis, that arises out of or relates to the Dispute informally for at least thirty (30) calendar days before initiating any arbitration, online dispute resolution or court proceeding.
Negotiations will begin upon receipt of written notice sent by the party bringing the dispute. Planner 5D will send its notice to your billing address (if any) and/or forward a copy to the email address you have provided to us. You may send your notice to Planner 5D at “Planner 5D” UAB, Antakalnio st. 17, LT-10312 Vilnius, Lithuania, Attn: Legal Department and/or by email to: privacy@planner5d.com.
If a Dispute cannot be resolved through negotiations, you agree that any and all Disputes arising out of or in any way related to the Services shall be resolved individually, without resort to any form of class action, and consent to the exclusive jurisdiction and venue of the appropriate court situated in Vilnius, Lithuania. Each of the parties hereto waives any objection to jurisdiction and venue in such court. However, Planner 5D reserves the right to seek injunction relief in any jurisdiction when it deems it necessary.
You and Planner 5D agree that if any portion of this “Governing Law and Dispute Resolution” is found illegal or unenforceable, such portion shall be severed and the remainder of this Section “Governing Law and Dispute Resolution” shall be given full force and effect. Any Dispute subject to any such portion of this Section “Governing Law and Dispute Resolution” shall be decided by the court.
Planner 5D reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time in our sole discretion and without liability to users by posting changes at planner5d.com. A continued use by you of any part of the Services following the posting of such changes or modifications will constitute the acceptance of such changes or modifications. Your use of modified Services is subject to those modified terms and conditions, which are incorporated into this Agreement by this reference. Your prior written approval of changes and modifications of the terms and conditions should be received if changes are related to the processing of your personal data. Therefore, you should frequently review these Terms or guidelines on the Planner5D project in order to understand the terms and conditions applicable to your use of the Services. If you do not agree to any changes or modifications to these Terms, your sole recourse is to stop using the Services.
This Agreement becomes effective from the moment you start using our Services and runs for an indefinite term until terminated by you or by us in accordance with these Terms.
You may terminate this Agreement without cause at any time in out-of-court procedure by giving 14-days prior notice (this requires written or electronic mail communication).
You may also terminate this Agreement with us with immediate effect by ceasing using the Services and deleting Planner 5D application/ account from your device.
Should you terminate the Agreement, Planner 5D shall be entitled to charge the payments (if any) accrued prior to termination of the Agreement from you. You acknowledge and agree that by terminating your relationship with Planner 5D in the way stipulated in this section you will lose all access to your Planner 5D projects/account and it will no longer be available to you. We will not be responsible and will not have any obligation to restore and/or reinstate your Planner5D projects/account or any data lost.
Planner 5D reserves the right to modify, suspend, or discontinue offering the Services (or any part thereof) at any time and Planner 5D will not be liable to user or any third party should it exercises such rights. If you are dissatisfied with any aspect of the Services at any time, your sole and exclusive remedy is to cease using our Services.
Without limiting other remedies, Planner5D may immediately suspend or terminate this Agreement with you, or may terminate or suspend your use of the Services at any time in out-of-court procedure without giving a notice if:
1) Planner 5D has strong grounds to believe that:
◦ you are in default of these Terms or any part thereof;
◦ you are engaged in illegal actions, or infringe proprietary rights, rights of privacy, or intellectual property rights of any person, or any third-party rights, or otherwise create risk or possible legal exposure for us;
2) it is required by applicable laws/regulations and within the time limits as required by such laws/regulations;
3) Planner 5D decides to cease offering the Services generally.
Upon termination of this Agreement all licenses and rights to use the Services shall immediately terminate and you will immediately cease any and all use of the Services. Any suspension or termination of this Agreement will not affect your obligations to Planner 5D under these Terms (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability, confidentiality), which reasonably are intended to survive such suspension or termination.
These Terms constitute the entire agreement between you and Planner 5D with respect to your use of the Services, superseding any prior agreements between you and Planner 5D with respect to the Services.
If any provision of these Terms is held to be invalid or unenforceable, validity and enforceability of the remaining provisions shall not be affected. Planner 5D’s failure to exercise, or delay in exercising, a legal right or remedy provided by these Terms, or by applicable law, shall not constitute a waiver of Planner 5D’s right or remedy.
You may not assign these Terms, or any rights or obligations contained herein. Planner 5D may, without prior notice, assign these Terms or any rights or obligations contained herein to any third party.
The terms and conditions contained in these Terms that by their sense and context are intended to survive the performance hereof by the Parties hereunder, including but not limited to the provisions relating to Indemnity, Disclaimer of Warranties, Limitation of Liability and Dispute Resolution, shall so survive the completion of the performance, cancellation or termination of these Terms.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND ALL RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO USE THE SERVICES YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS AND CONDITIONS AND YOU GRANT TO PLANNER 5D THE RIGHTS SET FORTH HEREIN.
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