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 “Planner 5D”, 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.
Please read carefully these Terms before using our Services. Planner 5D offers the Services to you, only subject to your complete acceptance of these Terms without any modification. By using our Services, you agree to be bound by the Terms presented herein. If you do not agree to these Terms, you should not use the Services in any way or for any purpose whatsoever.
The Services are offered only to individuals who are lawfully entitled to use the Services under any applicable laws in the country in which they are located or resident, and to legal entities that are duly incorporated and otherwise legally permitted to conduct their business. By using our Services, you expressly represent and warrant that: 1) if you are an individual, you have reached the age to enter into binding agreement with us in the country in which you are located or resident or that you have your parent or legal guardian’s consent to use the Services (by giving such consent your parent or legal guardian expressly agree to these Terms), or 2) if you are a legal entity, you are duly incorporated and otherwise legally permitted to conduct your business.
If you are using Services based on valid and proper parent’s or legal guardian’s consent, we may at any time require an adequate evidence of such consent.
It is your responsibility to ensure that you are legally allowed to enter into this Agreement and that you do not violate any applicable laws.
In some countries there exist legal and/or other restrictions on usage of the Services and/or downloading, installing and/or using of products, portions of products, software which are or might be available through the Services. It is your responsibility to ensure that you comply with all applicable legal restrictions in your jurisdiction.
In order to fully benefit from the use of our Services, you may complete the registration process at our website and create an account. If you do decide to register, you shall provide us with current, complete and accurate information. You understand that you are solely responsible for maintaining the confidentiality of your password and that you shall be solely and fully responsible for all activities that occur under your username and password. Planner 5D shall not be responsible for any loss, claim or other liability that may arise from the unauthorized use of any password. You agree to immediately notify Planner 5D of any unauthorized use of the password or username or any other breach of security. If a password is lost or stolen, it is your responsibility to change the password, and immediately notify Planner 5D, so that your account remains both secure and functional.
Planner 5D hereby grants you a limited, non-transferrable, non-sublicensable, non-exclusive and revocable license to access and make use of the Services for non-commercial purposes solely (safe for the business license which must be purchased separately; please contact us at hello@planner5d.com for further details) in accordance with, and subject to, these Terms and any other of our policies. The license granted under these Terms is expressly limited to user’s rights and in no way permit your further commercialization of the Services and other intellectual property objects of Planner 5D. Your license confers no title or ownership in the Services or any part thereof, they are licensed not sold, to you. You agree that your use of the license should be lawful and that you will comply with these Terms.
Except as otherwise expressly permitted by these Terms, you may not: collect, use, copy (except as expressly permitted by these Terms) or distribute any portion of the Services; resell, publicly perform or publicly display any portion of the Services; decompile, reverse-engineer, disassemble, attempt to derive the source code of Services, modify or otherwise make any derivative uses of any portion of the Services; use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology which perform similar functions to access, acquire, copy, or monitor any portion of the Services or any part thereof; use Services in a manner which results in the depletion of website infrastructural resources; download (other than page caching) any portion of the Services, or any information contained therein or use the Services other than for their intended purposes. Any attempt to do any of the above is a violation of the intellectual property and other rights of Planner 5D and its licensors. You may not use our trademarks, any and all Planner 5D content apart of our Services, without our prior written consent. When using the Services you will get an access to textures from one of our licensors - Poliigon.com, these textures may not be redistributed. The grant of license shall be automatically revoked as of the moment when any of the foregoing conditions are no longer met by you.
We agree to enable you to contribute User generated content (hereinafter, the “UGC”) – photos, artwork and texts, and in exchange, when you contribute UGC to us, you expressly grant to Planner 5D a non-exclusive, perpetual, royalty-free, worldwide, complete and irrevocable right to quote, use, reproduce, modify, transmit or by other ways communicate, create derivative works of, print, sublicense, publicly display and perform UGC, or any portion thereof, in any manner, on any medium, whether now known of hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant us all licenses, consents and clearances to enable Planner 5D to use UGC for such purposes.
You may not submit UGC that is (i) offensive, unlawful, obscene, defamatory, libelous, threatening, abusive, inappropriate, pornographic, harassing, hateful, or otherwise unlawful or violates any law; (ii) fraudulent or misrepresentative; (iii) protected by any applicable copyright laws, trade secret or that otherwise infringe the privacy rights, property rights, or any other rights of any person; (iv) an advertisement or solicitation of business, funds, products or services; or (v) impersonating another person or invading the privacy of any third party. We reserve the right to decide whether any UGC that you use complies with these Terms and we may in our sole discretion remove such UGC, suspend and/or terminate agreement with the user in question.
Planner 5D is neither obliged, nor able to pre-moderate UGC and does not guarantee the accuracy, quality, or integrity of any UGC communicated via the Services. By using the Services, you acknowledge and accept that you may be exposed to material you find offensive or objectionable.
We are committed to respecting your privacy and the confidentiality of your personal information. We will process your personal information, the traffic data and the content of your projects in accordance with our Privacy Policy and Cookies Policy. Please read it carefully before starting using the Services.
YOU ACKNOWLEDGE AND AGREE THAT PLANNER 5D SHALL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO PLANNER 5D, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICES PROVIDED TO YOU THROUGH PLANNER 5D. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SERVICES IS TO IMMEDIATELY CEASE USE OF SERVICES.
FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT in no event will Planner 5D, its subsidiaries, affiliates, directors, officers, agents, contractors, partners, employees and anyone else who has been involved in the creation, production or delivery of the services, be liable to you or any third party for any special, direct, indirect, incidental, punitive or consequential damages whatsoever, including any lost profits (both actual or anticipated), lost business, lost data or lost reputation arising from your use of the Services or materials, accessed through or downloaded from the Services, whether based on warranty, contract, tort or any other legal theory and whether or not Planner 5D has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Planner 5D shall not be liable for UGC or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely on you.
Nothing in these Terms excludes Planner 5D’s liability for damages which may not be lawfully excluded or limited by applicable law.
If we are unable to provide the Services as a result of force majeure, we will not be in breach of any of its obligations towards you under these Terms.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SERVICES PROVIDED “AS IS” AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; PLANNER 5D WILL PROVIDE SERVICES WITH REASONABLE CARE AND SKILL, BUT DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. PLANNER 5D FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES PLANNER 5D WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET.
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.
You agree to indemnify and hold Planner 5D and each of its subsidiaries, affiliates, directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees and costs, arising from or in connection with (i) your use of and access to the Services with violations of any of these Terms; (ii) your infringement of any third party right, including without limitation any copyright, property or privacy right; (iii) any UGC you communicate through the Service.
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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