End User License Agreement and Terms of Service
This End User License Agreement and Terms of Service (the “EULA”) is a binding contract between you, an individual user (“you”) and GALAXY MEDIA ENTERPRISES L.P., (“us” or “we”) governing your use of the GALAXY MEDIA ENTERPRISES L.P. website archicgi.com (the “Website”). BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE EULA IF YOU DO NOT AGREE, THEN YOU MAY NOT USE THE SERVICE.
1. Summary of Material Terms
As provided in greater detail in the EULA (and without limiting the express language of the EULA), you acknowledge the following:
2. the service is provided “as is” without warranties of any kind and GALAXY MEDIA ENTERPRISES L.P.’s liability to you is limited;
3. disputes arising hereunder will be resolved by binding arbitration;
1. The Service is a platform enabling people seeking interior design services (“Clients”) to get a custom interior design, including one final design rendering, and one revision of the final design rendering based on user comments (Clients are “Users”).
3. Third Party Fees. Your may incur third party fees through use of the Service, such as fees charged by your Carrier for data usage. In addition, you may be subject to third party terms, through your use of the Service, such as your Carrier’s terms of service. You acknowledge and agree that you are solely responsible for all such fees incurred by you for use of the Service, and you agree to pay all such fees and abide by all such terms.
4. Changes to the EULA. We may revise the EULA at any time by posting an updated version You should visit this page periodically to review the most current EULA, because you are bound by it Your continued use of the Service after a change to the EULA constitutes your binding acceptance of the EULA.
5. Eligibility If you are using or opening an account on the Service on behalf of a company, entity, or organization (each a “Subscribing Entity”), then you represent and warrant that you:
- are an authorized representative of that Subscribing Entity with the authority to bind such entity to the EULA and
- agree to be bound by the EULA on behalf of such Subscribing Entity.
6. Children No part of the Service is directed to persons under the age of 13 IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Service.
3. Scope of License to Users
1. License Grant to You. The Service is licensed, not sold, to you for use only under the terms of the EULA Subject to your complete and ongoing compliance with the terms and conditions of the EULA, GALAXY MEDIA ENTERPRISES L.P. hereby grants you a personal, limited, revocable, non-transferable license to access and use the Website, in both instances solely for your own use or for the use of the Subscribing Entity on whose behalf you are authorized to act.
2. License Limitations. You may not modify, alter, reproduce, or distribute the website. You may not directly rent, lease, lend, sell, redistribute or sublicense the Service. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted in the EULA, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, and denial of access to the Service.
3. Applicability to Updates. The terms of the EULA will govern any updates provided to you by GALAXY MEDIA ENTERPRISES L.P. that replace and/or supplement the App, unless such upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern.
4. Registration and Eligibility
1. Account Types and Registration. Anyone may browse the public-facing pages of the Service but to start the custom style profile, design plan, the client must register.
2. Client. To become a Client, you must provide your, email address, name and password. You will also take a user survey (to help us determine your preferred design styles), provide us photos of your space, and will have the option to take a short phone call, complimentary, with your assigned designer. The designer will then provide you suggestions for your space as well as a renders, drawings and shoppable list of products according to your service package selected.
3. Account Security. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service You agree to notify us immediately of any breach in secrecy of your log-in information If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify GALAXY MEDIA ENTERPRISES L.P. by e-mail email@example.com You will be solely responsible for the losses incurred by GALAXY MEDIA ENTERPRISES L.P. and others due to any unauthorized use of your account.
5. Content You Submit; License Grants from You
1. Your Content. If you are a Client, you may be able to create, post, or share content, such as pictures of your space, floor plans and household objects (“Client Content”) GALAXY MEDIA ENTERPRISES L.P. claims no ownership or control over Your Content You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of Your Content that you post on or through the Service. You are responsible for protecting those rights.
3. You Must Have Rights to the Content You Post. You represent and warrant that:
- you own Your Content or otherwise have the right to grant the license set forth in the EULA,
- the posting and use of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and
- the posting of Your Content on the Service does not result in a breach of contract between you and a third party You agree to pay for all royalties, fees, and any other monies owing any person by reason of Your Content that you post on or through the Service You also acknowledge and agree that Your Content is non-confidential and non-proprietary.
6. Sending Messages Through the Service
Users may message each other through the Service. You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e. spam). GALAXY MEDIA ENTERPRISES L.P. will utilize any means possible to block spammers and abusers from using the Service If you believe spam originated from the Service, please email us immediately at firstname.lastname@example.org.
7. Third Party Materials; GALAXY MEDIA ENTERPRISES L.P. Content
1. You understand that by using the Service, you may encounter data, information, applications, materials and other content from third parties, including other users (collectively, “Third Party Materials”), and data, information, applications, materials and other content from GALAXY MEDIA ENTERPRISES L.P. (collectively, “GALAXY MEDIA ENTERPRISES L.P. Content” and, together with Third Party Materials, but excluding Your Content, “Service Content”), that may be offensive, indecent, or objectionable Nevertheless, you agree to use the Service at your sole risk and that GALAXY MEDIA ENTERPRISES L.P. shall not have any liability to you for any Service Content that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise objectionable You use the Service, and rely upon any Service Content accessible through the Service, at your sole risk.
2. In addition, third party services and Service Content that may be accessed from, displayed on or linked to your device are not available in all languages or in all countries GALAXY MEDIA ENTERPRISES L.P. makes no representation that the Service, any third party services, and Service Content are appropriate or available for use in any particular location To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any and all applicable laws.
8. Your Use of the Service and Service Content
Your right to use the Service is a privilege, not a right, and is expressly conditioned on the following:
1. You may access the Service solely as intended through the provided functionality of the Service and as permitted under the EULA.
2. You agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without GALAXY MEDIA ENTERPRISES L.P.’s prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without GALAXY MEDIA ENTERPRISES L.P.’s express written consent:
- altering, defacing, mutilating or otherwise bypassing any approved software through which the Service is made available;
- using any trademarks, service marks, design marks, logos, photographs or other content belonging to GALAXY MEDIA ENTERPRISES L.P. or obtained from the Service.
3. You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the App designed to control the manner in which the Service is used, harvest or mine Service Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage.
4. You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including any Service Content available on or through the Service, or attempt to do any of the foregoing, except and solely to the extent permitted by the EULA, the authorized features of the Service, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by GALAXY MEDIA ENTERPRISES L.P.
5. You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service, including any Service Content available on or through the Service, or any portion thereof, through any other application or website, unless and solely to the extent GALAXY MEDIA ENTERPRISES L.P. makes available the means for embedding any part of the Service or Service Content.
6. You agree not to access, tamper with, or use non-public areas of the Service, GALAXY MEDIA ENTERPRISES L.P.’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of GALAXY MEDIA ENTERPRISES L.P.’s providers.
7. You agree not to harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including GALAXY MEDIA ENTERPRISES L.P.’s employees and other users.
8. You agree not to provide any false personal information to GALAXY MEDIA ENTERPRISES L.P. or any other user, or create a false identify or impersonate another person or entity in any way.
9. You agree not to create a new account with GALAXY MEDIA ENTERPRISES L.P., without GALAXY MEDIA ENTERPRISES L.P.’s express written consent, if GALAXY MEDIA ENTERPRISES L.P. has previously disabled an account of yours.
10. You agree not to solicit, or attempt to solicit, personal information from other users.
11. You agree not to restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about users.
12. You agree not to use the Service, without GALAXY MEDIA ENTERPRISES L.P.’s express written consent, to communicate or facilitate any commercial advertisement or solicitation, except as expressly permitted in the EULA.
13. You agree not to gain unauthorized access to the Service, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service.
14. You agree not to post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
15. You agree not to interfere with or disrupt the Service, or networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers.
16. You agree not to violate any applicable federal, state or local laws or regulations or the EULA.
17. You agree not to assist or permit any persons in engaging in any of the activities described above.
9. Consent to Use of Data
You agree that GALAXY MEDIA ENTERPRISES L.P. may collect and use technical data and related information, including, but not limited to, UDID, contacts, usage data, location and other technical information about your device, system and ap