(updated July 28, 2023)
By using the Construkted Reality website, the “Service”, accessible from https://construkted.com, you agree to the Terms of Service and their modifications, hereafter known as the “Terms”. They apply whether you are contributing or receiving content on Construkted Reality.
This agreement represents a legal contract between you and Construkted Reality.
If you do not agree with any of these Terms or any revision, you are prohibited from accessing Construkted Reality.
User Account Responsibilities
- You must sign up for a user account in order to use most Services.
- If you live in a country in the European Region, you must be at least 16 years old to use our Services or such greater age required in your country to register for or use our Services. If you live in any other country except those in the European Region, you must be at least 13 years old to use our Services or such greater age required in your country to register for or use our Services. In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.
- You must be human. No “bots” or automated registration devices are permitted to create an account.
- You are only allowed to sign up for one account, and you are the only person authorized to log into that account.
- If you enter into this Agreement on behalf of a company or legal entity, you must have the authority to bind that entity to these Terms. In that case, “you” refers to the entity. Please note, if you are a government entity, there are special terms that apply (see “U.S. Government End User Rights” below).
- When you create an account, that account must have a unique username and password that you must keep secure.
- You are responsible for anything that occurs on your account, whether or not you authorized it. Construkted Reality is not responsible for any harm that may result from your use of the Service, nor will Construkted Reality be liable for any losses or damages caused by unauthorized use. However, you may be liable for the losses that Construkted Reality or others incur due to your use of the Service or by unauthorized use of your account. If you become aware of unauthorized use, you must notify Construkted Reality immediately and cooperate with Construkted Reality to respond to the security breach.
Using the Service
If available, Construkted Reality provides you the ability to:
- Upload and host data, including terrain, imagery, buildings, vector data, and more (i.e. “Your Content”).
- Process Your Content into formats optimized for web streaming.
- Download Your Content that’s been processed (“Processed Content”), provided that any time you display such Processed Content you must include a conspicuous display of the Construkted Reality logo.
- Invite others to access the Construkted Reality content you’ve uploaded and/or created (either free or for a charge).
- View and use Construkted Reality content created by other users who provide you access.
To use the Service, you agree to comply with all laws, regulations and any third-party agreements. Furthermore, you may NOT:
- Modify, alter, tamper with, reverse engineer, or attempt to extract source code from the Service (except specifically provided sample code).
- Copy, reproduce, or duplicate the Service;
- Redistribute, sell or re-sell, assign, sublicense, lease, rent, transfer, or convey the Service.
- Remove, obscure, or alter any Terms of Service, links to the Terms, or any copyright, trademark or proprietary notices of Construkted Reality or 3rd parties.
- Place or sell advertising, sponsorships, or promotions on the Service.
- Download any content hosted on the Service for offline use (except for Web Browsers automatically caching locally on the client for performance) except to the extent downloading of Processed Content is available as a feature in Construkted Reality.
Service plans and fees, including monthly subscriptions plans, free subscription plans, and all other plan variations are subject to change upon 30 days’ notice from us. Construkted Reality will not be liable to you or to any third-party for any modifications, or price change to the Service.
Technical Support is available to support the use of Construkted Reality, including data management, data processing, data hosting, and other direct utilization of the Service.
Technical Support is provided remotely during normal business hours (EST) via firstname.lastname@example.org. A response is not guaranteed for free account users.
Your Content that you upload, and the Processed Content that you download, is yours. You retain all rights to Your Content and your downloaded Processed Content at all times. Others can only view the content except if permission has explicitly been granted by you to download Your Content.
Construkted Reality will not verify, investigate or endorse any content you or anyone else submits to the Service.
You are also solely responsible for Your Content and the consequences of posting it on or downloading your Processed Content from Construkted Reality or using either. Construkted Reality expressly disclaims all liability in connection with Your Content and downloaded Processed Content.
Subscriptions and Purchases
Payment is due at the beginning of each subscription period, payable securely via a stripe gateway (www.stripe.com). Construkted Reality shall email payment invoices to users upon request. In the event of a pricing change to your paid Services plan, we will inform you within 2 (two) months before the new prices take effect. If you do not wish to continue your current paid Services plan with the new prices, you may cancel your plan.
YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE BANK ACCOUNTS OR CREDIT CARD(S) ACCESSED THROUGH THE STRIPE GATEWAY, THAT YOU USE TO PAY FOR THE SERVICES. You agree to pay all charges incurred by you or any users of your account at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.
Construkted Reality grants you a limited, non-exclusive, revocable, non-transferable, right and license to (1) use the Service to upload Your Content, and download your Processed Content, to create and display 3D scenes and services that can be shared with others, and
(2) display the Construkted Reality logo to provide attribution as required under this Agreement.
In order for Construkted Reality to host Your Content and Processed Content, you grant Construkted Reality a non-exclusive, worldwide, royalty-free, transferable, and sub-licensable right and license to use, display, use, cache, copy, distribute, modify, transmit, and store Your Content and Processed Content. You affirm that you have the right to grant these rights to Construkted Reality.
If you share Your Content or Processed Content with others using the Service, a license will not be transferred and they will only be able to view Your Content/Processed Content, but not copy, download, distribute, modify, or transmit it.
Unlawful and Other Unauthorized Uses
The following actions are not permitted, and may result in immediate suspension or termination of Service with or without notice:
- Any illegal activity, including, but not limited to transferring any content in violation of export or import laws, regulations, without approval, license, or exemption, or any activity that violates others’ trade secrets or rights, including intellectual property, privacy, publicity, or human rights.
- Dissemination of material that is deemed to be obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, malicious, or abusive.
- Use the Service in a manner that may damage or overburden the Service, or interfere with others’ use of the Service.
- Storage or transmission of viruses, Trojan horses, or any other malicious code or program that is destructive in nature.
- Interfering with or attempting to gain unauthorized access to an account or computer network.
- Creating a false identity or attempting to mislead others of your identity or the origin of any communication.
- Any other activity reasonably deemed by Construkted Reality to be in conflict with the intent of these Terms of Services.
Intellectual Property Claims
Construkted Reality respects the intellectual property rights of others, and complies with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512, as amended). We respond to clear notices of alleged copyright infringement, and infringing materials posted by users can be identified and removed pursuant to this complaint procedure.
In the event you believe that any user content on the Service infringes your copyright, please file a notice of infringement by sending an email to this address: email@example.com.
Account Termination or Cancellation
Construkted Reality, in its sole discretion, may temporarily suspend or permanently discontinue the Service, or your use of the Service, at any time, without prior notice. Upon suspension or discontinuation of the Service, the limited licenses and rights given by this agreement will automatically terminate and you, or others using your content, may no longer have access to the data that you stored on the site after that.
You may also choose to cancel your account at any time. After cancellation or termination of your account, Construkted Reality will make reasonable attempts to promptly remove your Content from the Service. However, caching of or references to Your Content and Processed Content may not be immediately removed.
Construkted Reality will not be liable for any damages, losses, or other consequences that you may incur as a result of any suspension or termination of the Service or your account.
You expressly agree that the use of the Service is at your sole risk.
The Service and Your Content and Processed Content, including 3rd party content, are provided “as is”, without any warranty of any kind, either express or implied, to the fullest extent permissible by law.
These warranties include, but are not limited to: implied warranties of merchantability, fitness for particular purpose, title and non-infringement of property rights.
Furthermore, Construkted Reality does not warrant that the Service, Your Content, Processed, Content, 3rd party content, or their features and functions will meet your specific requirements, be uninterrupted, be secure, be accurate, be complete, be free of errors, viruses, or other harmful components, and Construkted Reality does not warrant that it will correct such discrepancies. You assume the entire risk as to the quality and performance of the Service.
Limitation of Liability
In no event will Construkted Reality, its officers, directors, shareholders, employees, agents, contractors, and third party contributors, be liable to you, or another party bringing any claims against you, for any special, indirect, incidental, consequential, exemplary or punitive damages, including, but not limited to, loss of: profits, savings, revenues, goodwill, use, data, or other intangible losses arising out of the use, or inability to use, the Service or Your Content or Processed Content (or any other content including user submissions), in an action of contract, negligence or tort, even if Construkted Reality and its partners had been advised of the possibility of such damages.
To the extent permissible by law, Construkted Reality’s and its partners’ liability or contribution for any claims under these Terms, including implied warranty, is limited to the amount of one hundred dollars ($100), or the amount you paid to use the Service for the last 12 months, whichever is more.
You agree to defend, indemnify, and hold harmless Construkted Reality, its officers, directors, shareholders, employees, agents, contractors, and third party contributors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees) arising from:
1. Your use and access of the Service;
2. Your violation of any term of this Agreement;
3. Your violation of any third party right, including without limitation, any copyright, patent, trademark, privacy or other right;
4. Any claim that Your Content or Processed Content caused damage to a third party; or
5. Your violation of the Digital Millennium Copyright Act
This Agreement will be governed and interpreted by the laws of the Province of Ontario and the federal laws of Canada applicable therein (without giving effect to any principles of conflicts of law), and such laws apply to your access to or use of Construkted Reality notwithstanding your physical location.
You consent to personal jurisdiction and venue of the courts located in the Province of Ontario, Canada.
U.S. Government End User Rights
The Service, and related documentation are “commercial items” as that term is defined at 48 C.F.R. 2.101, consisting of “technical data” as such terms are used in 48 C.F.R. 12.211 or 48 C.F.R. 227.7102.
Consistent with 48 C.F.R. 12.211 and 48 C.F.R. 227.7102-1 through 227.7102-4, as applicable, all U.S. Government end users acquire the Construkted Reality Services with only those rights set forth therein.
If a U.S. Government agency or end user has a need for rights not conveyed under these Terms, it must negotiate with Construkted Reality to determine if there are acceptable terms for transferring such rights, and a mutually acceptable addendum to these Terms will be required in any applicable contract or agreement.
Construkted Reality reserves the right to amend the Agreement at any time by posting a notice on this page, sending an email notification to registered users, or otherwise notifying users via the Service.