Digital Content Terms And Conditions

Version 23.0.2

Document Ref.:              8068-PDi-XX-XX-TC-X-7802

PUBLISH DATE:               25/11/2023

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS DIGITAL CONTENT TERMS AND CONDITIONS, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS. BY ACCESSING, DOWNLOADING, OR USING THE DIGITAL CONTENT PROVIDED BY PROJECT DESIGN (IO) LTD (“CONTENT”), YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND YOURSELF OR YOUR COMPANY TO THESE TERMS AND CONDITIONS.

1. Definitions:

  1. You: The individual, company, or organisation that enters into the Agreement with PROJECT DESIGN (IO) LTD by accessing, downloading, or using the digital content provided by project design (io) ltd (“content”).
  2. Supplier: In this context, PROJECT DESIGN (IO) LTD is the provider of digital content and related services.
  3. Intellectual Property Rights: Refers to all copyrights, patents, trademarks, design rights, and any other intellectual property rights, whether registered or unregistered, arising from the work done under the Agreement. 

2. Associated Documents Integral to These Terms and Conditions:

  1. These Digital Content Terms and Conditions supplement and incorporate by reference the Terms and Conditions (8068-PDi-XX-XX-TC-X-7801) and the End User License Agreement (8068-PDi-XX-XX-TC-X-7803).

3. Digital Content Terms

  1. Digital Content Delivery and Technical Support: PROJECT DESIGN (IO) LTD will use reasonable efforts to deliver digital content to You in a timely and accessible manner. In the event of any technical issues impeding access, you shall notify PROJECT DESIGN (IO) LTD and PROJECT DESIGN (IO) LTD will provide reasonable support to resolve such issues. However, PROJECT DESIGN (IO) LTD shall not be liable for delays or failures in delivery due to circumstances beyond its control, including but not limited to internet connectivity issues and compatibility of Your hardware or software.
  2. Scope of Digital Content Terms: These terms apply specifically to all digital content (such as software, designs, documents, or other electronic materials, for example, Revit project files and Revit Families) provided by PROJECT DESIGN (IO) LTD.
  3. The use of digital content is subject to the terms set forth in this section, in addition to the general Terms and Conditions of the Agreement.
  4. Intellectual Property Rights in Digital Content:
    • All digital content provided is the property of PROJECT DESIGN (IO) LTD and is protected by intellectual property laws.
    • You are granted a non-exclusive, non-transferable license to use the digital content for the purpose specified in the Agreement.
  5. Digital Content Updates:
    • PROJECT DESIGN (IO) LTD may, from time to time, update or modify the digital content, provided that such updates or modifications shall not materially decrease the functionality of the digital content. PROJECT DESIGN (IO) LTD will make reasonable efforts to notify You of such updates or modifications. The use of updated or modified digital content by You shall be governed by the then-current Terms and Conditions.
  6. Use of Digital Content:
    • You agree to use the digital content only for lawful purposes and in accordance with the terms of the Agreement.
    • You are permitted to download and print copies of the digital content for the specific purpose of the agreed project and for informational and personal use only. This permission is conditional upon Your adherence to these Terms and the relevant laws of the United Kingdom. Except as explicitly authorised by these Terms, You are prohibited from reproducing, selling, publishing, distributing, displaying, or using any part of the digital content provided without the express written consent of PROJECT DESIGN (IO) LTD.
    • In situations where the digital content is intended to be shared with other project members, and the content or a link is made available via a “share” (or analogous) feature, You may share that specific content or link through email as indicated. However, You commit to not infringing upon any Intellectual Property Rights and agree not to alter or remove any associated proprietary notices contained within the Content. Any shared content must be used solely in connection with the specific project for which it was provided. It must not be used for any other purposes or projects without prior written consent from PROJECT DESIGN (IO) LTD.
    • Your right to use the digital content is non-exclusive and non-transferable. Any misuse of the digital content, including unauthorised sharing, copying, or altering, may result in the immediate termination of Your license to use the digital content and legal action to protect PROJECT DESIGN (IO) LTD’s Intellectual Property Rights.
    • PROJECT DESIGN (IO) LTD reserves the right to monitor the use of the digital content to ensure compliance with these Terms. You must promptly notify PROJECT DESIGN (IO) LTD of any unauthorised use or infringement of the digital content of which You become aware.
  7. Restrictions:
    • You shall not modify, reverse engineer, disassemble, or create derivative works based on the digital content unless expressly permitted in the Agreement.
  8. Delivery and Access to Digital Content:
    • Digital content will be delivered to You in the manner specified in the Agreement.
    • PROJECT DESIGN (IO) LTD is not responsible for any delays or inability to access the digital content due to technical issues beyond its control.
  9. Liability and Disclaimer:
    • PROJECT DESIGN (IO) LTD shall not be liable for any damage or loss arising from Your use or inability to use the digital content.
    • The digital content is provided “as is” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
  10. Termination of Digital Content License:
    • The license to use the digital content may be terminated if You fail to comply with any term or condition of the Agreement.
    • Upon termination, You must cease all use of the digital content and destroy any copies made.
  11. Amendments to Digital Content Terms:
    • PROJECT DESIGN (IO) LTD reserves the right to amend these terms at any time. Any such amendments will be communicated to You and will apply to future use of digital content.
  12. Entire Agreement for Digital Content:
    • These Digital Content Terms, together with the main Terms and Conditions, constitute the entire agreement between PROJECT DESIGN (IO) LTD and You regarding the provision and use of digital content and services.
  13. Data Protection and Privacy:
    • Both parties agree to comply with all applicable data protection and privacy laws and regulations, including the General Data Protection Regulation (GDPR). PROJECT DESIGN (IO) LTD will process any personal data received from You only as necessary for the fulfilment of its obligations under this Agreement and will take appropriate measures to ensure the security of the data. You consent to the collection, use, and disclosure of your personal data as outlined in PROJECT DESIGN (IO) LTD’s Privacy Policy, which is available upon request. 

4. Intellectual Property Rights:

  1. Intellectual property produced from the performance of the agreement becomes the property of PROJECT DESIGN (IO) LTD.

5. Governing Law and Jurisdiction:

  1. This agreement is governed by and construed in accordance with the laws of the United Kingdom.