PLEASE READ THIS AGREEMENT CAREFULLY AND BE SURE YOU UNDERSTAND IT FULLY, BECAUSE IT EXPLAINS AND CONTROLS YOUR LEGAL RELATIONSHIP WITH US AND YOUR RIGHTS RELATED TO YOUR USE OF THE SERVICE.
PLEASE NOTE: SECTION 22 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY.
If you have any questions, please don’t hesitate to contact us at: firstname.lastname@example.org
- Use of Our Service. Stoor provides a creative community and marketplace where Users can buy and sell projects and architecture and/or engineering design items, such as blueprints, 3D models, images, documents, and other digital files (“Assets”) and socialize around the content (e.g. make comments and participate in Discussions). Our Service allows for a buyer (“Buyer”) to purchase Assets from a Studio opened on Stoor by independent creators (“Studio Owners”). Stoor also offers a subscription service, Stoor Pro, where Buyers may purchase a subscription to receive a set number of Assets to download each month.
- Eligibility. You may use the Service only if you can form a binding contract with Stoor, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of these Terms. The Service is not available to any Users previously removed from the Service by Stoor.
- General License Terms. When Stoor provides you with Purchased Projects or Freebies you are thereby granted, subject to these Terms and, if applicable, any Studio Owner Agreement, a limited, non-exclusive license (“License”) to use the Projects to build the building depicted in the Projects (the “Project”) one time and one time only; and to modify and reproduce the Projects solely to the extent required for purposes of satisfying your specific needs and/or to meet the requirements of your specific state and local building codes, ordinances or regulations in completing the Project. In addition to any other requirements set forth in these Terms and, if applicable, any Studio Owner Agreement, you agree to comply with the following restrictions, requirements and conditions to which the License is subject:
- You may not assign, sublicense or transfer the License.
- You may not re-use the Projects (e.g., for building any additional building(s)), without the prior written consent of Stoor, which consent shall require payment of a re-use fee and may be subject to additional conditions, as specified by Stoor.
- You shall not, and shall not authorize or permit anyone else to, sell, redistribute or publish the Project(s), or otherwise disclose the Projects to anyone other than contractors, consultants, lenders or governmental agencies on a “need to know” basis as reasonably required for the purpose of building a single building subject to the License.
- You may not create derivative works based on the Projects other than such modifications as may be required for your own use in building a single building in accordance herewith.
- You agree that you will have the Projects reviewed and approved by a local professional before the start of any construction.
- You agree that you will maintain, and will cause your builder and other contractors involved in the Project to maintain, sufficient liability and other insurance coverages with insurance companies licensed in the applicable locations, as required to cover all of your obligations under these Terms and Applicable Laws.
- Specific License Terms. Your use of any Assets is subject to the applicable License. The Stoor Pro Licenses apply to your use of any Assets downloaded from stoor.pro under your Stoor Pro subscription. The Stoor Licenses apply to your use of any Assets purchased directly from stoor.pro. In the event of a conflict between the License applicable to you and these Terms, the License will apply to the extent of that conflict.
- Ordering Projects. You may order some Projects by paying money (“Purchased Projects”), and other Projects by giving us the right to use your contact information for marketing purposes, as described below (“Free Projects” or “Freebies”). In all cases, you will be responsible for any applicable sales or similar taxes and shipping and handling costs, if specified. As a condition to ordering Freebies, you agree that Stoor may share the contact and other information that you provide with other companies, who may use it to contact you by telephone, email, text/SMS message or postal mail, concerning products or services that they believe may be of interest to you. In particular, by ordering Free Projects, you consent to receive telephone calls and other communications including text/SMS messages at the number(s) you provide.
- Stoor Service. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your use only as permitted by the features of the Service and by these Terms. Stoor reserves all rights not expressly granted herein in the Service and the Stoor Content (as defined below). Stoor may terminate this license at any time for any reason or no reason.
- Stoor Accounts. Your Stoor account gives you access to the services and features that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. By connecting to Stoor with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your login credentials for that service. You will be responsible for tracking all activity for your account, and you agree to the following:
- To store all passwords and usernames securely.
- To notify Stoor of any unauthorized use or security breach. Stoor will not be liable for any liability, damage, cost, loss or expense caused by or in connection with any unauthorized use of your account.
- To never share login details or account access with clients or team members.
- To accept responsibility for activity that occurs under your account(s).
- Stoor reserves the right to monitor downloads and user activity to ensure compliance with the terms of these Terms and the applicable License Agreement, which it may update from time to time.
- Notifications and Emails. By providing Stoor your email address, you consent to Stoor using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers (“Newsletters”). Stoor may provide other notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, “push” mobile notifications, written or hard copy notice, or through posting of such notice on our website, as determined by Stoor in our sole discretion. Stoor reserves the right to determine the form and means of providing notifications to our Users. Stoor is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
- Service Rules. You agree not to engage in any of the following prohibited activities:
- Copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”.
- Using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Stoor servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that Stoor grants the operators of public search engines revocable permission to use spiders to copy materials from Stoor.pro for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
- Transmitting spam, chain letters, or other unsolicited promotional email.
- Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service.
- Taking any action that imposes- or may impose, as we determine at our sole discretion- an unreasonable or disproportionately large load on our infrastructure.
- Uploading invalid data, viruses, worms, or other software agents through the Service.
- Collecting or harvesting any personally identifiable information, including account names and emails, from the Service.
- Using the Service for any commercial solicitation purposes.
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, engaging in fraud, hiding or attempting to hide your identity.
- Interfering with the proper working of the Service.
- Violate or attempt to violate the security of the Site; Accessing any content on the Service through any technology or means other than those provided or authorized by the Service.
- Bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content.
- Submit, provide or upload any text, images, video or other materials (“Your Information”) that are unlawful, harmful, fraudulent, threatening, harassing, discriminatory, libelous, defamatory, vulgar, obscene or otherwise objectionable or that may invade another’s right of privacy or publicity or infringe any Intellectual Property Rights (as defined below) or other proprietary rights of any third party;
- Submit any personal information, including names or email addresses, pertaining to other individuals;
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or include intentional inaccuracies in Your Information;
- Reverse engineer or decompile any portion of the Site; or
- We may, without notice, change the Service, stop providing the Service or features of the Service, or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
- User Content.
- Some areas of the Service allow Users to post content outside of Assets for sale, such as profile information, screenshots, comments, images, files, and other content or information. Any such material a User submits, posts, displays, or otherwise makes available on the Service is “User Content”. User Content includes, without limitation, logos, trademarks and service marks, trade names, and other information posted by users, which may be used by Stoor for marketing and promotional purposes pursuant to the User Content license grant below. You agree to abide by any guidelines when you post User Content and interact with other Users of the Service. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Stoor has no liability for your interactions with other Users, or for any User’s action or inaction.
- User Content License Grant.
- To Stoor. By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Stoor a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Stoor business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
- To Other Users. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, as permitted through the functionality of the Service and under these Terms.
- Resolution Process for Transactions. All parties share the responsibility for making sure that purchases facilitated by our Service are satisfactory and hassle-free. Our Service hosts the resolution process for transactions when Buyers claim that their Asset was not received, or the Asset they received was different from what was described in the project listing. We may take a more active role in ensuring transaction problems are resolved; however, you understand that we are not obligated to do so. You agree to permit us to make a final decision, in our sole discretion, on any disputes. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used. Should you file a chargeback or dispute on a purchase you have made on Stoor, we reserve the right to close your account without notice.
- Our Proprietary Rights. Except for your User Content, Stoor and/or its Studio Owners or other licensors own all Intellectual Property Rights inherent in or appurtenant to: the Site, including any Projects or customized versions thereof; any and all other graphics, photographs, video, images, artwork, text, software and other technology comprising or available via the Site; the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Stoor Content”), and all Intellectual Property Rights related thereto, and the contents, design, layout, functions and appearance of the Site (including that of other Users who post User Content to the Service). Without limitation of the foregoing, the Projects are protected by European Union Copyright Laws; and any use of the information contained therein beyond the one-time use authorized under the License, or any reproduction, publication, sale or distribution of any part of the Projects without the prior written consent of Stoor, constitutes a violation of European Laws, and may make you subject to prosecution and the prescribed penalties to the full extent as provided thereunder. You represent and warrant to us that you own all Intellectual Property Rights in Your Information.
- Stoor Property. Certain aspects of the Service may allow you to obtain certain reputational or status indicators (for instance, “Karma Points”) and/or purchase Service currency (“Credits” used to easily buy Assets(collectively “Stoor Property”). While the Credits you purchase do not expire, you acknowledge and agree that if your account becomes Inactive, Stoor may, without further notice to you, redeem all Credits remaining in your account for any other Stoor Property that Stoor selects, in its sole discretion. For purposes of this Section 7, the term “Inactive” means that, based on Stoor’s records: (i) for a period of one (1) year, or more, you have not logged into your account on the Service; or (ii) despite commercially reasonable efforts, Stoor has been unable to contact you to verify that you intend to continue use of your account. You understand and agree that regardless of terminology used, Stoor Property represents a limited license right governed solely by the terms of these Terms and available for distribution at Stoor’s sole discretion. Stoor Property is not redeemable for any sum of money or monetary value from Stoor at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Stoor on Stoor’s servers, including without limitation any data representing or embodying any or all of your Stoor Property. You agree that Stoor has the absolute right to manage, regulate, control, modify and/or eliminate Stoor Property as it sees fit in its sole discretion, in any general or specific case, and that Stoor will have no liability to you based on its exercise of such right. All data on Stoor’s servers are subject to deletion, alteration or transfer. Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history and account content residing on Stoor’s servers, may be deleted, altered, moved or transferred at any time for any reason in Stoor’s sole discretion, with or without notice and with no liability of any kind. Stoor does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on Stoor’s servers.
- Fees and Paid Services.
- Billing Policies. Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the posted pricing and payment terms as we may update them from time to time. Stoor may cancel subscriptions without prior notice if we are unable to process payment through the provided method of payment.
- Subscription Billing. For certain aspects of the Service for which a subscription fee is payable, such as Stoor Pro, your subscription will auto-renew at the end of each subscription term until you cancel or downgrade your plan. You authorize Stoor to charge the applicable subscription fees at the then-applicable rate and taxes for the subscription to the credit card on file at each renewal term. Stoor may cancel subscriptions without prior notice if we are unable to process payment through the provided method of payment.
- Refunds. In the EU, you have the right to return these purchases within 14 days to obtain a refund. Although you can do it for any reason, even if you simply changed your mind, the 14-day “cooling” period does not apply to all purchases. Some of the exceptions are:
- – products made to order or clearly customized – as a tailor-made project
- – software, audio or video products, which you have opened after receiving it.
- Online digital content, if it has already been downloaded or transmitted
All orders in Stoor are considered Online Digital Content, so If you buy a project through Stoor, the buyer does not have the EU’s legal right to return the product, and no refunds will be granted, unless the item is defective.
- How to return a purchase. If you detect that the product purchased through Stoor is defective, you can start the process of returning a purchase, within 14 days after the purchase. You must first inform Stoor that you wish to return the product filling a Support form that you can use it to inform about your decision. In the form you must confirm the products identified as defective and ensure that they have not been used, copied or distributed. Upon receipt of the buyer’s notification, Stoor will initiate a clarification procedure with the Studio Owner to clarify whether the information offered about the product is or has been misleading, and therefore the product purchased by the customer is considered defective. During the clarification procedure, the product declared defective by the buyer, will no longer be available on the buyer’s dashboard. In the event that the product is considered defective, the seller will have 14 days to offer the buyer the product originally described in the sales order. Otherwise, the buyer may choose the refund.
- Cancellation. You may cancel your account at any time; however, there are no refunds for cancellation. In the event that Stoor suspends or terminates your account or these Terms for any reason, you understand and agree that you shall receive no refund or exchange for any Stoor Property, any credits you have saved, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. In the event Stoor makes an exception and issues a refund (which it is under no obligation to provide), you understand and agree that you must immediately retrieve and delete all relevant project files from any and all places you have distributed the files to and all computers you have downloaded them to, including but not limited to any Dropbox, Google Drive, or any other accounts which you have synced with your Stoor account.
- You also understand and agree that once a refund is requested, you are not permitted to exploit the project files in question, and immediately upon receipt of a refund, all licenses to such project files and underlying content are revoked, and you are not authorized to use the project in any form or for any purpose whatsoever.
- An exception may be made to the above policy and a refund given for Stoor Pro subscriptions cancelled within 14 days of your invoice date, provided no Assets have been downloaded. If you have downloaded Assets, your subscription or purchase will not be eligible for a refund. All refunds are at the sole discretion of Stoor.
- Payment Information and Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
- Privacy. We care about the privacy of our Users. Click here to view our Privacy Statement. You understand that by using the Services you consent to the collection, use and disclosure of your personal information as set forth in our Privacy Statement, and to have your personal information collected, used, transferred to and processed in Spain.
- Consent and Collection and Use of Data.
- Consents. You consent to the collection, use, processing, and storage of your personal information as described in the Privacy Statement. You acknowledge and agree that you are responsible for obtaining all necessary consents, and for complying with all applicable laws (including privacy and data protection laws, related to personal information provided to us in connection with your use of the Service.
- Third Party Services. Please be aware that (among other things) third parties (such as social media platforms or other company websites that we link to online or from our web sites and applications) are responsible for their own privacy practices. Be sure to read the privacy policies, supplemental notices, and settings of all websites or platforms that you visit so you can understand their privacy practices and your options.
- Sensitive Personal Information. You agree to only provide tax and payment information in the specific areas of our website provided to collect that information. You agree not to provide any other Sensitive Personal Information. You acknowledge that any data storage functionality of the Service is not intended for the storage of medical information, health insurance information, sensitive data about personal characteristics or other personal data that may pose a risk of harm to the individual if improperly disclosed (collectively, “Sensitive Personal Information”). You agree to only upload or otherwise submit any Sensitive Personal Information to us in connection with the Service if required for billing, payment, or taxes. You agree that we have no responsibility or liability with respect to any such Sensitive Personal Information that is processed, transmitted, disclosed, or stored in connection with the Service.
- Security. Stoor cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your Content and personal information at your own risk. You are fully responsible for all interaction with the Service that occurs in connection with your registration information (including, without limitation, all purchases). You agree to immediately notify us of any unauthorized use of your registration information or any other breach of security related to your account or the Service, and to ensure that you “log off”/exit from your account with the Service (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. If you sign into the Service using a third-party social networking platform account, be sure to review the privacy and data usage policies of such platform to learn more about its personal information practices and your options, as they may differ from those governed by our Privacy Statement and these Terms.
- Storage Practices and Limits. There is limited storage space for User Content on the Service. While we’ll make efforts we believe are reasonable to safeguard and backup User Content, and to make User Content available in case of loss or deletion, we have no responsibility or liability for the deletion or failure to store or the security of any User Content or Assets. We reserve the right to mark or treat as “inactive” and archive accounts and/or User Content or Assets that are inactive for an extended period of time, as determined by us. We reserve the right to change our practices and storage rules at any time in our sole discretion with or without notice to you.
- Third-Party Links. This Website and other Stoor Sites or Affiliates may feature products and services of third parties (“Products and Services”) or contain links to websites operated by third parties (“Third Party Websites”). The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Stoor. Stoor does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. Stoor does not have any influence or control over any such Products or Services or any Third Party Website. Unless otherwise stated, Stoor is not responsible for and does not endorse any Products or Services or any Third Party Website, or its availability or contents. Stoor is not responsible for any agreement or understanding you enter into with a third party through a Third Party Website and/or in relation to any Products or Services. If you access a third party website from the Service, you do so at your own risk, and you understand that these Terms and the Privacy Statement do not apply to your use of such sites. You expressly relieve Stoor from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of Assets, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Stoor shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers. While Stoor aims to provide unbiased editorials we wish to disclose that (i) we occasionally receive free products from marketers that we sometimes review or discuss in our editorials, and (ii) we may run advertisements on our sites concerning some of those products or companies that sell them (and other products sold by such companies) for which we sometimes receive compensation, and (iii) we may sell these products within our stores, and (iv) we may use affiliate links to products and or services for which we sometimes receive compensation. Stoor is a participant in a number of affiliate advertising programs. For instance, we participate in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.
- Customization Services. If you request that Stoor or its Studio Owners customize the Projects, the following provisions apply:
- Overview. Stoor, or one of its Affiliates or independent Studio Owners, will customize your Project(s) (“Customization Services”) on request, as detailed below, and provided customized versions of the Projects (“Customized Projects”). For purposes of the Customization Services, references to Stoor may apply to Stoor’s Affiliates or Studio Owners. “Customized Projects” are still Projects for purposes of these Terms. As such, Stoor and/or Stoor’s Affiliates or Studio Owners will retain all Intellectual Property Rights in any Customized Projects, even if the Customized Projects reflect your comments or input.
- Scope of Work. When you request Customization Services, we will provide you with a proposed scope of work (“Scope”) based on your request, and a price quote. The Customization Services will be deemed complete when we provide you with Customized Projects substantially consistent with the Scope.
- Additional Services. If you request revisions to the Customized Projects after such delivery, or otherwise require any services outside of the Scope, those services will be considered “Additional Services” and subject to additional fees as specified in a subsequent price quote. By way of clarification, unless otherwise expressly specified in the Scope, Customization Services will not include (i) architectural or engineering services required to make changes to Projects for purposes of compliance with local building codes or to comply with changes in Applicable Laws; (ii) construction cost estimating services, materials lists, take offs and other related services; (iii) site evaluation and selection services; (iv) design and construction review services relating to the contractor’s or construction manager’s safety precautions or to the means, methods, techniques, sequences or procedures required for the contractor or construction manager to perform its work, but not relating to the final or completed structure; or (v) services made necessary by the default, failure of performance or termination of the contractor or construction manager under its contract or by defects or deficiencies in the work of a contractor of construction manager.
- Fees. If you decide to purchase the Customization Services, you will be deemed to have agreed to pay the fees in the amount of the initial price quote. If you decide to purchase Additional Services, you will likewise be deemed to have agreed to pay the fees in the amount of such subsequent price quote. In all cases, you will be responsible for payment of any reimbursable expenses incurred in the interest of the project, including costs, marked up by 10%, of consultants, reproductions, postage and handling, faxes, photography, messenger service, long distance telephone calls, travel and meals, supplies, renderings and models and approved overtime work. Payment is due at time of purchase for the initial Customization Services, and again at the time of purchase of any Additional Services, if applicable, unless otherwise agreed in writing. You will be required to pay interest for any payments due and unpaid more than thirty (30) days after the date of Invoice, at a rate equal to the lesser of (i) 1.5% per month, or (ii) the greatest amount permitted under applicable law. Without limitation of any other rights or remedies under these Terms or pursuant to Applicable Laws, Stoor may withhold the release of contract documents for permit, bidding, and construction, if payment on invoices is not current.
- Client Responsibilities. Your responsibilities in connection with the Customization Services include the following:
- Providing complete and accurate information regarding custom changes and budget requirements and all physical information about the site and/or building;
- Rendering approvals and decisions promptly and as necessary for the orderly progress of the Customization Services and in keeping with the mutually acceptable schedule;
- Obtaining, at your own expense, all required soil studies and land surveys;
- Crediting Stoor and the applicable Studio Owner in publicity involving the project design;
- Providing, if requested, a written description and/or sketch outlining the proposed changes;
- Providing a copyright release satisfactory to Stoor if you provide the Projects that will be subject to the Customization Services;
- Permitting access to the project site at all reasonable hours and shall be permitted to photograph the project during construction and upon completion for its records and future use.
- Suspension or Termination. Either you or Stoor may terminate the Customization Services at any time on at least seven (7) days’ written notice. If you terminate the Customization Services, you will not be entitled to any refund of amounts already paid. If Stoor terminates the Customization Services, you will be entitled to an equitable refund based on the portion of the Customization Services prepaid but not already performed, as reasonably determined by Stoor. No refund will be issued for the purchase of the original Projects. Stoor shall be entitled to compensation for all services and reimbursable expenses incurred prior to receipt of written notice of termination from you. If the Project is resumed, after being terminated for more than one (1) months, and should Stoor agree to resume performance of Customization Services, there will be a re-activation fee at 15% of the original customization fee. In the event the Stoor does not receive the agreed compensation when due, Stoor may, without limitation of its other rights or remedies, suspend performance of the Customization Services.
- Your Builder’s Responsibilities. You acknowledge and agree that: (i) the following items are your builder’s and your responsibilities; (ii) you will use your best efforts to cause your builder to fulfill such responsibilities; and (iii) Stoor and its Studio Owners shall have no responsibility or liability with respect to such items:
- Your builder is responsible for assuring that all work is in accordance with the latest edition of all applicable national, state, and local building codes, construction industry standards and other Applicable Laws.
- Your builder is responsible for obtaining the required permits and inspections from local governmental agencies.
- Your builder is responsible for checking the Projects prior to construction to verify all dimensions and details for overall accuracy appropriate to the local conditions.
- Your builder is responsible for working with you on decisions for the final selection of materials such as masonry, floor joists, lumber, structural members, construction panels, roofing, etc., all of which can create variations in dimension and details. For example, if standard lumber joists are used in place of engineered floor joists, the floor-to-floor dimension would vary from the Projects and require revised stair dimension and framing.
- Your builder is responsible for providing standard construction details and practices which will result in a structurally sound and weatherproof finished product.
- Your builder is responsible for all construction means, methods, sequencing, techniques, and safety on the job site of construction workers and third parties.
- Your builder is responsible for assuring that all materials, equipment and components are new and of good quality.
- Your builder is responsible for assuring that all manufactured articles, material, and equipment are applied, installed, connected, erected, used, cleaned, adjusted, operated and conditioned as directed by the manufacturers. Your builder must follow all instruction to sustain and preserve all expressed or implied warranties and guarantees. It is the responsibility of the builder to assure that all materials, equipment and components are new and of good quality.
- Indemnity. You agree, at your sole expense and to the fullest extent permitted by law, to defend (at our request), indemnify and hold harmless Stoor and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors (individually and collectively, “Our Parties”), from and against any and all claims, damages, obligations, losses, liabilities, demands, causes of action, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) suffered or incurred by Our Parties by reason of any claim, suit or proceeding (“Claim”) arising out of or in connection with:
- Your use of and access to the Service, including any data or content transmitted or received by you.
- Your violation of any term of these Terms or any Policies (defined below), including without limitation your breach of any of the representations and warranties above.
- Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights.
- Your violation of any applicable law, rule or regulation.
- Any claim or damages that arise as a result of any of your User Content or any that is submitted via your account.
- Any other party’s access and use of the Service with your unique username, password or other appropriate security code.
- The violation of any third-party right of a project you purchase on the site. If we request that you defend a Claim, You will not agree to any settlement without our prior written consent, and we will have the right to participate, at our own expense, in the defense of any Claim with counsel of our own choosing. “Policies” mean collectively the Entitlements (defined below), License Terms, Privacy Statement and all other terms incorporated into these Terms by reference.
- The use, construction, conversion, modification, misinterpretation, misuse, or reuse by you or others of the Stoor or any other drawings, blueprints, 3D models, data or other materials furnished by Stoor or any Studio Owners;
- Any negligence or other acts or omissions by you or any of your employees, consultants, advisors, agents, representatives or contractors; and
- Any breach by you of any of the provisions of these Terms and any applicable Studio Owner Agreement. Stoor reserves the right, at its own expense, to assume, or permit a Studio Owner to assume, the exclusive defense and control of any matter subject to indemnification by you.
- EXCEPT TO THE LIMITED EXTENT EXPRESSLY PROVIDED IN THE STOOR PRO LICENSE, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE THAT YOU USE THE SERVICE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, STOOR, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. STOOR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE STOOR SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND STOOR WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
- Additional caveats, disclaimers and requirements.
- The Projects are intended to indicate design intent and basic construction detailing. It is your responsibility to ensure that you have obtained the proper professional assistance to provide standard construction details and practices, which will result in a structurally sound and weatherproof finished product. Any use of the Projects, and/or modifications of the Projects, by you, builders or others on your behalf, is done at your own risk.
- The Projects might include plumbing, heating or air conditioning drawings, but due to the wide variety of local codes and climatic conditions, we recommend that you have a local electrical engineer, mechanical engineer or builder provide such of these drawings as may be required for permits and construction.
- Any foundation Project and associated details included in the Projects are intended to serve as a basic guide for a typical foundation system. This typical foundation system is not site -or location- specific. You acknowledge our recommendation that you have a local designer or licensed engineer review the Projects and provide a site-specific foundation design if found necessary.
- The Projects provide ideas and concepts and are not intended to be complete in all respects and details. Variations in standard sizes (e.g., of windows and doors), and brands, thicknesses, types and uses of different materials can change details. Varying local codes, ordinances, regulations, foundation requirements, and the layout of electrical, mechanical, and plumbing systems may also require changes of details.
- Stoor engages Studio Owners that it believes to be reliable. However, you should normally anticipate that some changes and adjustments in the project will be required to correct possible errors and omissions in the Projects. Such changes are not indicative of, and should not be construed as, negligence on the part of the Studio Owner.
- Names of materials and manufacturers shown on the Projects do not represent an endorsement or recommendation by Stoor or Studio Owner. Final selections of materials are the responsibility of you and/or your builder, including proper installation of materials, nailing, gluing, caulking, insulating, flashing, roofing, weatherproofing and many other small items and details not necessarily indicated on the Projects; and Stoor and Studio Owner have no control or responsibility with respect to such matters.
- The Projects do not have an architectural or engineering signature, seal and/or stamp. You agree to consult the local building official who can tell you if a review of the Projects by a licensed architect or engineer is required prior to submission of the Projects for a building permit. Because of the great differences in geography and climate in different areas, each state, county, and municipality has its own building codes, zoning requirements, ordinances, and/or building regulations. The Projects may need to be modified to comply with local requirements. In addition, you may need to obtain permits or inspections from local governments before and in the course of construction. Your right to use the Projects is conditioned on your agreement to, and you affirm that you shall: (i) consult a locally licensed architect or engineer of your choice prior to beginning construction, and (ii) strictly comply with all local building codes, zoning requirements, and other applicable laws, regulations, ordinances, and requirements.
- Projects purchased for buildings to be built in certain jurisdictions, must be redrawn by a locally registered professional; and you agree that, if applicable, you will consult a local building official or legal counsel with respect to such requirements.
- Due to the large number of Projects and price options for those Projects offered by Stoor, data entry and other errors inevitably may occur in the text and pricing shown on this Site. Stoor reserves the right to correct such errors as they are discovered, and no order and pricing with respect to that order shall be final until confirmed by Stoor.
- Some photographs that appear on the Site of projects that have been built may be based on modifications made to the Projects associated with photograph, and, in such case, those modifications are not incorporated into the Projects.
- Limitation of Liability. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY, IN NO EVENT WILL OUR PARTIES BE LIABLE HEREUNDER FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR ANY OTHER DAMAGES OF LIKE KIND WHATSOEVER (HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE), INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR OTHER COVER, OR ANY OTHER SIMILAR COMMERCIAL OR ECONOMIC LOSS OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, NOR WILL ANY OF OUR PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM A FORCE MAJEURE OR AN ACT OF A THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STOOR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING:
- ERRORS, MISTAKES, TYPOGRAPHICAL ERRORS, OR INACCURACIES OF CONTENT.
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE.
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN.
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE.
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY.
- ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
- EXCEPT TO THE LIMITED EXTENT EXPRESSLY PROVIDED FOR IN THE PRO LICENSE, THE TOTAL CUMULATIVE COLLECTIVE LIABILITY OF OUR PARTIES FOR ALL COSTS, LOSSES OR DAMAGES FROM ALL CLAIMS, ACTIONS OR SUITS HOWEVER CAUSED OR ARISING FROM OR IN RELATION TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) ALL AMOUNTS PAID OR DUE FROM YOU, IF ANY, FOR ACCESS TO OR USE OF THE SERVICE GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM (NO MATTER WHEN PAYMENTS WERE ACTUALLY MADE). THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IS NOT INTENDED TO, NOR DOES IT, REQUIRE THE RELINQUISHMENT OF ANY NON-WAIVABLE RIGHT AFFORDED TO YOU BY LAW.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from its facilities in Spain. Stoor makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable laws and regulations, including but not limited to export and import regulations, and all laws related to protection and transfer of data and personal identifiable information. You may not use the Service if you are a resident of a country embargoed by Spain, or are a foreign person or entity blocked or denied by the Spanish government.
- Arbitration. PLEASE READ THIS SECTION CAREFULLY; IT AFFECTS YOUR RIGHTS. For any claim, dispute, or controversy between you and us that arises out of, is related to or in connection with these Terms (individually a “Claim” and collectively “Claims”), you agree to first contact us at email@example.com and attempt to resolve the Claim informally. We hope we can resolve any Claim with you. In the unlikely event that you and Stoor have not been able to resolve the Claim within sixty (60) days after you contact us, then you and we each agree to resolve the Claim by binding arbitration by the Spanish Court of Arbitration.
- Governing Law and Jurisdiction. Subject to the other terms and conditions of these Terms, you agree that any action at law or in equity arising out of or relating to these Terms that is not subject to arbitration shall be governed by and construed in accordance with the laws of Spain, if:
- you are registered with the Service in a country in Europe, Africa or the Middle East,
- you are registered with the Service in a country in Asia, Oceania or the Asia-Pacific region, or
- you are registered with the Service in a country in the Americas (including the Caribbean) or any other country not specified in subsections a.(i) or a(ii).
- The laws of such jurisdictions will govern without reference to the conflicts-of-laws rules thereof. The UN Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act will not apply to (and are excluded from the laws governing) these Terms. In addition, you agree that any claim, action or dispute arising under or relating to these Terms will be brought exclusively in (and the parties will be subject to the exclusive jurisdiction of) Spain. Nothing in the foregoing will prevent us from bringing an action for infringement of intellectual property rights in any country where such infringement is alleged to occur.
- Governing Law and Jurisdiction. Subject to the other terms and conditions of these Terms, you agree that any action at law or in equity arising out of or relating to these Terms that is not subject to arbitration shall be governed by and construed in accordance with the laws of Spain, if:
- Copyright Infringement. All projects listed on this site are protected by EU Copyright laws. Unauthorized reproduction, sale, or transfer of project images contained on this site or any other work produced herein is a violation of these laws. These laws allow the Copyright holder to recover damages of up to 100,000€ per offense. Reproducible project sets are available for customers who choose to have a local professional customize projects they have chosen to build. This does not allow the purchaser to build more than one building from a project however. All content, graphics, and other data stored on this website not expressly stated as being from another source is copyrighted 2019 by Samurai Venture SL. (“the owner”). All content, graphics, and other data stored on this website expressly stated as being from another source are hereby designated original material, and is the intellectual property of the owner. This material may not be reused in any form, or for any purpose, without the consent of the owner. The content of this website may not be reproduced in any form without the express written permission from the owner. It may not be sold for profit or included in any type of archive (commercial or private) without the consent of the owner. Failure to abide by these rules may result in legal action by the owner. Permission is hereby granted to download and view any material for personal, non-commercial purposes and to create hyperlinks to the top level (home page) of this website. According to the EU Copyright Directive, if you believe that the Site contains content that infringes on your copyright, please forward the following information by email to firstname.lastname@example.org or by postal mail to Samurai Venture SL, Lubarrietaondo 48, 48110 Gatika. Bizkaia -Spain, containing:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Filtering. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two websites GetNetWise and OnGuard Online. Please note that we do not endorse any of the products or services listed at such site.
- Relationship. The parties’ relationship to each other under these Terms is strictly that of independent contractors and nothing in these Terms will in any way constitute or be construed as evidence of intent to establish any association, partnership, joint venture or other relationship. Each party will be responsible for covering their respective costs and expenses in performing their duties under these Terms, unless expressly provided otherwise herein. If for any reason a court of competent jurisdiction finds any provision of these Terms, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of these Terms and the remainder of these Terms will continue in full force and effect. The section headings used in these Terms are for convenience only and will not be given any substantive effect. The English language version of these Terms is legally binding in case of any inconsistencies between the English version and any translations. If you access the Service in Canada, You agree to the following: The parties hereto confirm that it is their wish that these Terms, as well as other related documents, including notices, have been and will be written in the English language only. Les parties ci-dessus confirment leur désir que cet accord ainsi que tous les documents, y compris tous avis qui s’y rattachent, soient rédigés en langue anglaise. Except as expressly provided herein, a party may only waive its rights under these Terms by a written document executed by both parties. Any failure to enforce any provision of these Terms will not constitute a waiver thereof or of any other provision hereof. You may not assign or delegate these Terms or any of your rights or obligations hereunder. Any unauthorized assignment will be null and void. You acknowledge and agree that we may assign or sub-contract any of its rights or obligations under these Terms.
- Notice for European Residents. European users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Service, please contact us by writing to email@example.com.
- Confidentiality. By using the Service you agree you may acquire certain proprietary and confidential information (collectively, “Confidential Information”). You agree to keep Confidential Information confidential and to not disclose Confidential Information to any third party other than representatives, agents, attorneys, accountants, auditors and advisors with a bona fide need to know, who shall first agree to keep such information confidential. This provision includes any materials exchanged in arbitration, except to the extent necessary to enforce an arbitral award.
- Entire Agreement. These Terms (including, without limitation, the Policies and License Terms) contain the entire agreement between you and us with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service. In the event of any conflict or inconsistency between any of the terms and conditions of these Terms and any third party software license agreement or service level agreement that contain a link to the Service, the terms and conditions of these Terms will control, except:
- that the Entitlements will control over these Terms with respect to your specific Entitlement;
- and the Privacy Statement will control to the extent that it expressly overrides these Terms.
“Entitlements” means your entitlements to use the Service (such as your membership and subscription rights, maximum capacity, transactions, output, hours or other measurements of use, term or duration and any other entitlements specific to such Service) as determined by the type or level of membership or subscription you subscribed to or licensed. “Entitlements” also include any other information about entitlements to access and use the Service which are set forth on the Service (including, without limitation, the description of the Service, Documentation and minimum technical requirements for the Service).
- Changes or Updates to these Terms. If you don’t agree with any material changes or updates we make to these Terms, you must notify us of that fact by sending an email to us at firstname.lastname@example.org within thirty (30) days after the effective date of the change (“Effective Date”). Notifying us in this way will terminate the updated terms and conditions as to your use of the Service and the terms and conditions that apply to you will be the terms and conditions in effect immediately before the change (unless the change made was made to comply with applicable law) and those terms and conditions will be in effect until (i) the end of the then-current term identified in your Entitlements, or (ii) thirty (30) days after the Effective Date, whichever is earlier (the “End Date”). The End Date will be the end of the term of your Service including your Entitlements. Unless you notify us within 30 days as set forth above, your continued use of the Service after the Effective Date will be deemed an acceptance of these changes and a renewal and extension of the Terms in effect at the Effective Date. Notwithstanding the foregoing, any changes to these Terms will not apply to any dispute between you and us arising prior to the date on which we posted the revised version of these Terms incorporating such changes or otherwise notified you of such changes.
- Contact. Please contact us email@example.com with any questions regarding these Terms or submit a support ticket with any questions regarding the Service or billing matters.
- Use of Our Service. Stoor provides a creative community and marketplace where Users can buy and sell projects and architecture and/or engineering design items, such as blueprints, 3D models, images, documents, and other digital files (“Assets”) and socialize around the content (e.g. make comments and participate in Discussions). Our Service allows for a buyer (“Buyer”) to purchase Assets from a Studio opened on Stoor by independent creators (“Studio Owners”). Stoor also offers a subscription service, Stoor Pro, where Buyers may purchase a subscription to receive a set number of Assets to download each month.
Studio Owners agree to the following:
This Studio Owner Agreement (the “Studio Owner Agreement”) is entered into as of the date (the “Effective Date“) the party whose name is set forth below (the “Studio Owner“) accepts its terms and conditions by creating an account and is by and between Samurai Venture SL (“Stoor”), a Spanish corporation, and the Studio Owner. The Parties agree to the following:
- Studio Owner Affirmations. You agree that any Assets you make available on the Service, including in any Stoor Free Good Program, will not violate third-party rights of any kind including, but not limited to, any Intellectual Property Rights or rights of privacy. For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. Stoor reserves the right to ban or remove access to Service if you receive one or more copyright complaints against your listed Assets. You understand that publishing your Assets on the Service is not a substitute for registering it with the EU Copyright Office, or any other rights organization. You affirm, represent and warrant the following:
- You have the full right, power and authority to enter into this agreement and to fully perform all of your obligations.
- Your Assets and all parts thereof are owned and controlled by, or licensed to you, and your use of the Service is permitted by applicable law and by all applicable rightsholders. You retain all Intellectual Property Rights to your posted Assets.
- If your Asset consists in whole or in part of a project and architecture and or engineering design elements, such as blueprints, 3D models, images, documents, and other digital files that are included in design programs by uploading such Assets to Stoor, the end user license agreement, terms of service or the equivalent license held by you does allow you to incorporate such elements in the Assets created by you, and to license such Assets to Stoor.
- If your Assets contains music and/or lyrics, you own or have acquired all rights to use such music and/or lyrics and any sound recording from the owner of the copyright in such music and/or lyrics or sound recording.
- Your Assets and Stoor’s use as contemplated by these Terms and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
- To the extent that your Assets contain identifiable third parties or landmark(s), you represent that you have obtained written consent and/or model and property release(s) of those third-parties pictured, to use such third party’s name or likeness and grant Stoor all of the license rights set forth in the applicable Licenses, including the Stoor License Terms and Stoor Pro License Terms. You also warrant that each such third party has released you from any liability that may arise in relation to such use.
- Stoor may exercise the rights to your Assets granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
- You will not provide inaccurate, misleading or false information to Stoor or to any other User. If information provided to Stoor or another User subsequently becomes inaccurate, misleading or false, you will promptly notify Stoor of such change.
- You will not use Service to direct Users to other services or sites to purchase Assets.
- By using the Service to sell one or more Assets, you agree to pay Stoor’s fees for such transaction, assume full responsibility for the content of the Assets offered, and accept that Stoor cannot guarantee exact listing durations.
- You agree to abide by any seller guidelines or policies set forth by Stoor.
- License Grant.
- To Stoor. By posting any Assets on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Stoor a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Assets and your name, voice, and/or likeness as contained in your Asset, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Stoor’s business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You affirm that any listed Assets are cleared to be sold under the applicable Licenses listed below:
- To Other Users. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, as permitted through the functionality of the Service and under these Terms and applicable License. You grant and/or authorize Stoor to grant each User of the Service who purchases your Assets with all the rights, and subject to all the restrictions, described in the applicable License. You should review the Licenses carefully before uploading any Assets.
- Asset Delivery. All Assets must be delivered immediately after purchase, with no barriers to immediate download. Whenever required all Asset files should be hosted on Stoor. You must not require a Buyer to provide personal information in order to access licensed Assets.
- Resolution Process for Transactions. All parties share the responsibility for making sure that purchases facilitated by our Service are satisfactory and hassle-free. Our Service hosts the resolution process for transactions when Buyers claim that their Asset was not received, or the Asset they received was different from what was described in the project listing. We may take a more active role in ensuring transaction problems are resolved; however, you understand that we are not obligated to do so. You agree to permit us to make a final decision, in our sole discretion, on any disputes. We reserve the right to fix any processing errors we discover by debiting or crediting Studio Owners earned credits balance.
- Payouts & Earnings. Unless otherwise agreed by the parties in writing, Stoor shall send requested payouts according to published timeframes, and in the method, you select during the payout setup process. Available payout methods are subject to change. Payout requests may only be made if the total amount due to you totals at least 100€. Unpaid amounts due shall accrue until the next month in which the amount due is at least 100€. Stoor reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under these Terms, or amounts due to any breach of these Terms by you, pending Stoor’s reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information. If we believe that we are obligated to obtain tax information, and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information. Any third-party fees related to returned or canceled payments due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment, you must notify Stoor in writing within thirty (30) days of such payment. Failure to so notify Stoor shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by Stoor. No other measurements or statistics of any kind shall be accepted by Stoor or have any effect under these Terms. We may withhold any taxes or other amounts from payments due to you as required by law. To protect against the risk of liability, we may request that our payment service provider hold Studio Owner funds based on certain factors, including, but not limited to, selling history, seller performance, the riskiness of the listing category, or the filing of a dispute claim.
- Warranty Disclaimer. EACH PARTY’S PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO ITS PRODUCTS OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THOSE ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER PARTY WARRANTS THAT ITS PRODUCTS OR SERVICES WILL BE FREE OF DEFECTS, INACCURACIES, OR ERRORS, WILL MEET THE OTHER PARTY’S OR ANY CUSTOMERS’ REQUIREMENTS OR WILL COMPLY WITH APPLICABLE LAWS.
- Limitation of Liability. IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY, OR FROM NEGLIGENCE OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE OR FROM ANY DEFECT OR ERROR IN ITS PRODUCTS OR SERVICES, EVEN IF A PARTY HAS BEEN ADVISED OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF STOOR ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS STUDIO OWNER AGREEMENT EXCEED THE AMOUNTS PAID TO AFFILIATE UNDER THIS STUDIO OWNER AGREEMENT.
- Independent Contractor. Neither Party shall be deemed to be an agent of the other Party for any purpose, and the relationship between the Parties shall only be that of independent contractors. Neither Party shall have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other Party, whether express or implied, or to bind the other Party in any respect whatsoever.
- Governing Law and Jurisdiction. This Studio Owner Agreement is governed and interpreted in accordance with the Spanish laws. Without reference to conflicts of laws principles and excluding the United Nations Convention on Contracts for the Sale of Goods. The Parties consent to the exclusive jurisdiction of Spain for the adjudication of any disputes arising hereunder.
- Assignment. Neither Party shall assign, delegate, or otherwise transfer its rights or obligations under this Studio Owner Agreement, by operation of law or otherwise, without the prior written consent of the other Party (to be granted or withheld in its reasonable discretion); except that Stoor may assign this Studio Agreement freely in connection with a merger, acquisition, sale of substantially all of its assets or stock, financing, reorganization, or similar transaction. This Studio Owner Agreement will inure to the benefit of the Parties and their permitted successors and assigns.
- Merger, Modification and Waiver. This Studio Owner Agreement constitutes the entire agreement between Stoor and Studio Owner with respect to the subject matter hereof, and merges all prior negotiations and drafts of the Parties with regard thereto. No modification of or amendment to this Studio Owner Agreement, nor any waiver of any rights under this Studio Owner Agreement shall be effective unless in writing. The waiver of one breach or default or any delay in exercising any rights shall not constitute a waiver of any subsequent breach or default.
- Severability. If any of the provisions of this Studio Owner Agreement is held by a court of competent jurisdiction to be invalid or unenforceable under any applicable statute or rule of law, it shall be replaced with the valid provision that most closely reflects the intent of the Parties and the remaining provisions shall continue in full force and effect.
- Counterparts. This Studio Owner Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.
Samurai Venture SL (Stoor) and all affiliated companies currently provides users with access to training resources (training videos, training books, educational software, etc.), various reference and communication tools (newsletters, blogs, articles, etc.), forums, shopping services, advertising and marketing services, social media services, and personalized content (collectively referred to as the “Services”). You also understand and agree that the Service may include sponsorships or advertisements. Most of these Services of Stoor are provided free of charge. Unless explicitly stated otherwise, any new features that augment the current Service, including the release of new content.
This training license becomes active upon first annual payment then continues for the term checked below. You will be charged for any materials that you wish to purchase from us. Prices may vary. Payment is due in full upfront.
Licensor owns the Stoor Training Center (STC) product; including related copyrights, trademarks and business methods; Licensor is in the business of licensing the Product to companies in various markets for the purpose of training and education.
Licensee wishes to obtain an individual license to use the Product for the term of this Agreement. Licensor hereby grants Licensee a limited use license to use the Product for personal training only. Licensee may not resell the product or use it for the purpose of training others. This license is an individual license with a maximum not to exceed 1 I.P. address for the purpose of this agreement. Licensee agrees to the terms of the License as stated herein and the terms and conditions.
3. Stoor Training Center Access
You will receive access to the training center for the amount of time that was stated on the product description you purchased. If you have any problems accessing the digital content you have purchased, please contact our Customer Support Department immediately at firstname.lastname@example.org, so we can resolve the issue. The purchase of a Global Architect MBA or module does not grant rights to the buyer to share, reproduce or resell the product in any way.
If you have subscribed to the individual month-to-month Stoor MBA Global Architect program, to cancel your subscription please visit mba.stoor.pro/cancel and select “Individual Account” and follow the prompts. Please be advised that the cancellation of the monthly subscription is effective in the month in which you have canceled. There are no refunds regardless of the usage of the product.
If you have any problems accessing the digital content you have purchased, please contact our Customer Support Department immediately at email@example.com, so that we can resolve the issue. Digital product purchases do not grant rights to the buyer to share, reproduce, or resell the product in any way.
4. Connectivity and Access
Stoor is an online store for architectural content, training materials and tickets to live events. You acknowledge that delivery and use of STC content, including during the entire agreement, is dependent on variables not under Stoor’s control, including the speed and availability of your broadband connection, your geographic location, and the availability of capable devices. You may experience delays or technical difficulties caused by or related to these variables. Stoor cannot guarantee that the Product will be delivered uninterrupted, error-free and without fault or delay.
You are responsible for obtaining access to the Service and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display of delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT RECEIVE A REFUND OR CREDIT FOR ANY STOOR TRAINING CENTER CONTENT THAT YOU ARE NOT ABLE TO USE OR HAVE DIFFICULTY USING DUE TO THESE VARIABLES AND CONDITIONS.
5. Indemnity, Confidentiality, Non-Circumvention
Licensee agrees to indemnify and hold Licensor harmless against any loss, expense, or damages incurred by Licensor because of claims relating to or arising from Licensee’s conduct, including without limitation (a) any breach of this Agreement by Licensee; (b) any illegal violation of the intellectual property rights of any third party under copyright, trademark or patent law of the EU or any other country. Licensee agrees to safeguard Licensor’s Confidential Information to the best of their ability from unauthorized disclosure, access, use and misappropriation.
6. Restrictions on Use of Our Content
The content contained on this Website (collectively, “Content“), such as logos, artwork, text and graphics, widgets, icons, images, audio and video clips, digital downloads, data compilations, and software, is the property of Stoor or the property of our licensors or licensees, and the compilation of the Content on the Website is the exclusive property of Stoor and protected by Spain and EU copyright laws, treaties and conventions.
Any and all logos, service marks, page headers, graphics, trademarks, service marks, widgets, icons, scripts and trade names (each, a “Mark“) contained on the Website are proprietary to Stoor or our licensors or licensees. Permission is NOT granted to us any of the Marks in connection with any product or service that is not ours or, in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. If you see any other Marks not owned by Stoor that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
We grant you a limited license to access and make personal use of the Website. No Content of the Website or any other Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that we make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) do not download Content so as to avoid future downloads from the Website.
The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Website or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Website or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent
7. Subscription Services
By agreeing to the purchase of this Stoor product you agree to receive emails from our system and can unsubscribe at any time after the initial invitation and user account emails have been sent.
All notices shall be in writing and shall be addressed (a) if to Licensor, to email firstname.lastname@example.org, or (b) if to Licensee at such other address and/or facsimile number as such party may have specified by earlier notice to the sender.
10. Changes to Terms
We reserve the right at any time, at our sole discretion, to change or otherwise modify these Terms, or any part thereof, without prior notice including the addition or removal of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. The date of any effective changes shall be reflected at the bottom of this page and upon request we will provide you with information regarding any changes made. Your use of the Websites after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions. Be sure to return to these Terms periodically to review the most current version of the Policy.
11. Changes to Websites
We may change or discontinue any aspect, service or feature of the Websites at any time, including, but not limited to, content, availability, and equipment needed for access or use.
12. Web Forums
Stoor may provide its members with access to a forum for you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to Stoor and other users via chat rooms, message boards or other means (“User Submissions”). User submissions do not reflect the views of Stoor (the “Forum Moderators”), neither of which have any obligation whatsoever to monitor, edit, or review any User Submissions on the Website.
The Forum Moderators assume no responsibility or liability arising from the content of any User Submissions, nor any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within any User Submission on Stoor. You are strictly prohibited from submitting or transmitting to the Forum Moderators any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The Forum Moderators will fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity or anyone posting any such information or materials.
All User Submissions will be treated as non-confidential and non-proprietary. Anything you submit or transmit to Stoor or post shall be deemed the property of and may be used by the Forum Moderators for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, the Forum Moderators are free to use and shall be deemed to own, any ideas, concepts, know-how, or techniques contained in any User Submission you submit or transmit to Stoor for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information. Disclosure, submission, or offer of any User Submissions to Stoor shall constitute an assignment to the Forum Moderators of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such User Submission.
The Forum Moderators may edit, copy, publish, distribute, translate, and otherwise use in any medium any User Submission that you submit or transmit to the Forum Moderators and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of the submission. The Forum Moderators are and shall continue to be under no obligation to maintain any User Submission in confidence, to compensate you or any other user for any User Submission, or to respond to any of your or any other user’s User Submission.
13. No Guarantee of Results.
We don’t guarantee results or offer legal advice. Entrepreneurship and architectural practice involve risk and hard work. Always consult with your professionals. Stoor’s Programs are not a guarantee of success. Any testimonials showing our success or our students’ success are not to be interpreted as common, typical, or expected. Some testimonials are from students who now work as a Stoor coach or Mentor. It takes education, drive and hard work to reach your goals.
14. User Content Guidelines
The following terms apply to content submitted by you: The Websites may contain comments sections, discussion forums, or other interactive features (“Interactive Areas”) in which you may post or upload user-generated content, comments, video, photos, messages, other materials or items (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. Interactive Areas are available for individuals aged 18 years or older. By submitting User Content to an Interactive Area, you represent that you are 18 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, and participate on the Websites. By attending any Event, you hereby irrevocably grant to Stoor, affiliates, designees, successors, assigns and licensees, the right to film and otherwise record you and use your name, image and likeness in any and all media for any purpose, including, without limitation, advertising and promotional purposes as well as in, on or in connection with future Stoor events and/or other events produced by Stoor or any of Stoor’s affiliates and hereby release Stoor and each of the respective designees, successors, assigns, licensees and affiliates from any liability with respect thereto.
By submitting any User Content or participating in an Interactive Area within or in connection with the Websites, you agree that you will not upload, post or otherwise transmit any User Content that (a) violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others; (b) you know to be false, misleading or inaccurate; (c) contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity; (d) contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd; (e) violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them; (f) advocates violent behavior; (g) poses a reasonable threat to personal or public safety; (h) contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitative, prurient, or gratuitous purposes; (i) is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by Stoor, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Websites; (j) does not generally pertain to the designated topic or theme of any Interactive Area; (k) contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation; or (l) uses the name or likeness of an identifiable natural person without such person’s consent. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by Stoor, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Websites.
You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component.
You agree not to use any technology, service or automated system to post more User Content than an individual could upload in a given period of time. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf. Any conduct that we, in our sole discretion, believe restricts or inhibits anyone else from using or enjoying the Websites will not be permitted. We reserve the right, in our sole discretion, to remove or edit User Content submitted by you.
We are not responsible for the accuracy or credibility of any User Content, and do not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Websites. Through your use of Interactive Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using Interactive Areas, you assume all associated risks. We have the right, but not the obligation, to monitor User Content posted or uploaded to the Websites to determine compliance with these Terms and any operating rules established by us and to satisfy any law, regulation or authorized government request. Although we have no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Websites, we reserve the right, and have absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Websites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Websites at your sole cost and expense. The decision by Stoor to monitor and/or modify User Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on our part in connection with or arising from your use of Interactive Areas on the Websites.
All interactions between the participants and Stoor might be recorded, as the mentor calls, webinars and office hours, and may be accessible during the period in which you are enrolled. Access to the recorded calls terminates at the end of your program. By submitting User Content to the Websites, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sublicense (through multiple tiers) and otherwise exploit such User Content (in whole or in part) in any form, media or technology now known or hereafter developed, without payment to you or to any third parties. Additionally, to the fullest extent permitted under applicable law, you waive your moral rights in the User Content and agree not to assert such rights against us. You represent and warrant to us that you have the full legal right, power and authority to grant to us the license provided for herein, that you own or control the complete exhibition and other rights to the User Content you submitted for the purposes contemplated in this license and that neither the User Content nor the exercise of the rights granted herein shall violate these Terms, or infringe upon any rights, including the right of privacy or right of publicity, or constitute a libel or slander against, or violate any common law or any other right of, or cause injury to, any person or entity. You further grant to us the right, but not the obligation, to pursue at law any person or entity that violates your or our rights in the User Content by a breach of these Terms.
15. User Conduct Guidelines
The following terms apply to your conduct when accessing or using the Websites: (a) you agree not to interfere with or disrupt the Websites or the servers or networks connected to the Websites, or disobey any requirements, procedures, policies or regulations of networks connected to the Websites; (b) you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Websites, use of the Websites, or access to the Websites; (c) you agree not to engage in any activity that would constitute a criminal offense or give rise to a civil liability; (d) you agree not to impersonate any person or entity, including, but not limited to, Stoor or any Stoor employee, or falsely state or otherwise misrepresent your affiliation with any person or entity; and (e) you agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about users of the Websites or posting private information about a third party.
16. Live Events
If you attend one of our live events, you will be part of an event that is live streaming and recorded. Additionally, there will still be photographs and video segments taken throughout the event by Stoor and any other third-party participant, such as speakers and sponsors. Therefore, the purchase of any live event ticket is made with the understanding that it also contains a WAIVER AND RELEASE, and that you agree to the following:
I irrevocably grant permission to Stoor and all affiliated companies, to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo. My actual testimony will not be edited. I acknowledge that there will be no compensation for my testimonial. I understand and agree that all photos and videos will become the property of Stoor and all affiliated companies and will not be returned.
I hereby hold harmless, release, and forever discharge Stoor and all affiliated companies from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization. If my testimony is cut or not used, I agree that this was at the artistic discretion of Stoor and all affiliated companies and or its affiliates and that I will not take legal action. I also agree that any claims will be Arbitrated through the Spanish Arbitration and that jurisdiction for any all claims is Spain.
I hereby RELEASE, WAIVE and FOREVER DISCHARGE any and all claims arising out of, or in connection with, such use by Stoor and all affiliated companies, including without limitation any and all claims for libel or invasion or privacy. I have read the above Release and am fully familiar with the contents thereof. This Release contains the entire agreement between the parties hereto and supersedes any other Agreement that may exist.
17. Termination and Refund
All digital and downloadable product sales are final. We do not offer digital product refunds, once a download/digital access has been assigned to you there is nothing we can retrieve back. If you are attempting to cancel your automatic renewal of any of Stoor’s programs, please visit mba.stoor.pro/cancel.
Canceling or removing the credit card on file does not cancel your subscription and violates the terms of the agreement. If at any time you have delinquent invoices past 30 days, or the account is paid delinquently for three consecutive payments, your account will be suspended, and you will still be liable for the full contract value through the term of the agreement.
All digital products are excluded from the 100% money-back guarantee and non-refundable. Offers cannot be used in conjunction with each other unless otherwise stated.
If you received any program gratis, free or as part of a bundled promotion, or if you received another product or service with the purchase of any other product, please be advised that gratis/free items do not have monetary value and are not transferable nor are they eligible for refunds or store credit.
This is a legally binding, non-refundable contract for the term provided herein. Licensee may use the STC for the term of the Agreement. Charges will commerce on the executed contract date. Charges to your account are due and payable in full upon receipt of your invoice. The Stoor Money-Back Guarantee applies to this agreement, in the event that the Stoor Program does not deliver an impact or result in an improvement of business statistics, a full refund will be offered. In order to qualify for the money-back guarantee, the licensee must complete 1 unique lesson(s) per week for a period of 40 weeks and attend 30 weekly mastermind coaching calls. The refund decision will be exclusively Stoor’s.
This Agreement is governed by and shall be construed in accordance with the Spanish laws without regard to its principles of conflicts of law. In the event of a dispute arising under or relating to this Agreement, the Site or the Materials, you agree to the exclusive jurisdiction of the federal and state courts located in Spain, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The Site is controlled and operated by Stoor from its principal office in Bilbao, Spain and is not intended to subject Stoor to the laws or jurisdiction or any state, country, or territory other than Spain.
Stoor does not represent or warrant that the Site, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site at their own risk and are responsible for complying with local laws. We may limit the availability of the Site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion. If any provision of this Agreement is found for any reason to be unlawful, void, or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. A party’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This, together with any of our policies referred to herein, constitutes the entire Agreement between you and Stoor relating to your use of the Site; this Agreement supersedes any and all prior or contemporaneous written or oral Agreements between you and Stoor regarding the same subject matter (except other written, fully-executed contracts between you and us). Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of this Agreement. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent.
19. Electronic Communications:
When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
This policy was last updated on June 01, 2020.