User Generated Content Policy

effective as of 11th August, 2020

I. Scope of the Policy

Please read this USER GENERATED CONTENT POLICY (hereinafter referred to as the “Policy”) carefully before you submit any user generated content to a website (hereinafter referred to collectively as the “Website”) operated by GRAPHISOFT SE (Graphisoft Park 1. Budapest 1031 Hungary; registered under registration number Cg.01-20-000001; hereinafter referred to as “Graphisoft”) or any member of the GRAPHISOFT GROUP. If you do not agree to the terms of this Policy you must not use or submit any content on the Website. 

II. User’s Rights and Obligations

By accessing the Website you agree to become bound by the regulations of this Policy. GRAPHISOFT may in its sole discretion, allows you from time to time to create, upload, submit or publish user generated content (hereinafter referred to as the “User Content”) according to the terms and conditions of this Policy and of any other regulations made available to you.

GRAPHISOFT does not assume any responsibility or liability for any content that is generated by you in connection with the interactive services.

You must have the legal right to create, upload, submit or publish User Content in connection with the Website.

You agree that you will be personally responsible for your creation of your User Content and for all of your other communications and activities done, including any content you contribute.

Any User Content which is provided by you remains your property. When you provide GRAPHISOFT with User Content in any way, you grant GRAPHISOFT a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised.

You represent, warrant and undertake GRAPHISOFT that you are the sole and exclusive owner of all the User Content or you have all the relevant rights, licenses, consents, releases necessary to be enable to grant GRAPHISOFT the license to the User Content as set above.

You represent, warrant and undertake GRAPHISOFT that all User Content submitted by you is your own work or that you have obtained all necessary rights or permissions.

User Content will be used or exploited by Graphisoft at Graphisoft’s sole discretion and GRAPHISOFT is entitled to make additions or deletions to it, before publication, after publication or to refuse publication thereof.

GRAPHISOFT does not assume any liability for any failure to remove, or any delay in removing, User Content. However GRAPHISOFT may, without prior notice to you and in its sole judgment, remove the User Content.

Please note, any User Content submitted by you at the Website, will be considered non-confidential and non-proprietary.

To the maximum extent permitted by the applicable rules of law you unconditionally and irrevocably waive and agree not to demand any and all moral rights and any other similar rights, and all right of publicity, privacy in any country in the world regarding to your User Content, to the maximum extent permissible by law.

III. Individuals’ Images Appearing in the User Content

In case User Content contains images or names of people or identifies individuals you warrant, represent and undertake to GRAPHISOFT the followings:

  • all identified individuals are over the age of 18 (or the respective legal age) and expressly consented to their appearance in the User Content
  • in case the identified individuals are under the age of 18 (or the respective legal age) either the parent or legal guardian provided express consent to the appearance of such in the User Consent.

IV. Restrictions

User Content shall not:

  • infringe the copyrights or database rights, trademarks, rights of privacy, publicity or other intellectuals property or other rights of any person, entity,
  • contain any material which is defamatory,
  • contain misleading or deceptive statements or omissions or misrepresentation as to your identity (for example, by impersonating another person) or your affiliation with any person or entity,
  • breach any legal duty owned to a third party,
  • assist or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age,
  • publish, post, upload or distribute User Content that is illegal, or you don’t have the permission to use,
  • contain any viruses, any harmful programs, codes, materials,
  • violate any other applicable law, rule and regulations.

V. Measures in case of Infringing User Content

GRAPHISOFT may in its discretion, monitor or record online activity and User Content.

In case you have failed to comply with these rules, Graphisoft reserves the right to suspend you from using the website without prior notice, or edit/remove any of the User Content on a temporary or permanent basis.

GRAPHISOFT reserves the right to pass on any User Content that gives concern to the relevant authorities.

GRAPHISOFT reserves the right to disclose your identity to any third party who claims that any of your User Content violates of their intellectual property rights or their right to privacy.

VI. Closing Provisions

GRAPHISOFT may modify any terms of this Policy from time to time, in which case an up to date version will be available at the respective Website.

It is your responsibility to check this Policy regularly to ensure that you understand and accept the changes.

Continuous use if the Website constitutes your acceptance of the modifications to this Policy.

Any questions not governed by this document shall be resolved pursuant to the applicable Hungarian legislation, and in particular pursuant to the Hungarian Civil Code. The parties agree that all disputes arising from, or in connection with, the present document shall be decided by, and all claims concerning this document will belong to, the exclusive jurisdiction of the ordinary courts of Hungary.

This document may be translated into other languages. In case of any discrepancies between the original English language version and any other language translations the English language version prevails.

GRAPHISOFT SE

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