TERMS OF USE OF THE WEBSITE AND SANDBOX SERVICES v. 1.1.
Dated: March 15th, 2023
- General Terms
- The following are the terms of use and the legal terms (hereinafter, the “Terms and Conditions”) that are binding for the use of the SANDBOX digital platform for architecture competitions (hereinafter, the “Platform”), available at the website sandbox.archi. The Terms and Conditions are binding on all persons using the Platform (hereinafter, the “Users”) who apply for, search, view, and / or browse architecture and design concept competitions (hereinafter, collectively referred to as the “Competitions”) on the Platform, and/or use the functionality of the Platform in any other way.
- The Platform it is an online Platform for Competitions with an international vocation for architecture students, professional architects and the interested public in general. The Platform offers its Users to participate in Competitions with a social background where they can present projects, which will be evaluated by a jury of renowned architects and experts on the topics covered by each Competition. The winners will receive recognition from the prestigious jury and financial prizes to reward their participation, hard work, effort and dedication – in accordance with each Competition’s terms and conditions (hereinafter, the “Competition Terms and Conditions”).
- The Platform is owned by Marcin Husarz (natural person) conducting business under the name HSRZ Marcin Husarz and trading brand SANDBOX, registered office at Księcia Witolda 11/22, 50-202 Wrocław, Poland, Tax Identification Number: 8951762050 (hereinafter, the “Service Provider”). The contact email address is hello@sandbox.archi. All website contents are solely the property of Service Provider. All rights are reserved and protected.
- Searching, browsing, and viewing the Competitions placed on the Platform or other publicly available information placed on the Platform is possible without registration and/or authorization. By performing the above actions, the User is in any case obliged to comply with the Terms and Conditions and the Platform Privacy Policy.
- Service Provider reserves the right to update or amend these Terms and Conditions at any time. By using this Platform and registering for the Competition, the User fully and irrevocably agrees to these Terms and Conditions and the Competition Terms and Conditions, which form a contract between the User and the Service Provider. Please review them carefully.
- The use and disclosure of personal information provided by the User is subject to the Platform Privacy Policy and Cookies Policy. Please read these documents before using the Platform or providing any personal information within the Platform.
- Using Platform/Registration rules
- All Users are eligible to search and browse Competitions, as well as receive other services available on the Platform. Additional terms, conditions, and restrictions may apply to all Competitions (see relevant Competition Terms and Conditions as well as Competition Brief).
- Any User eligible under these Terms and Conditions and Competition Terms and Conditions has the right to apply for participation in the Competitions presented on the Platform.
- The User has the right to apply for participation in the Competitions indicated on the Platform only after registration.
- In the process of registration, the User indicates the data requested in the registration form – a name, e-mail address, and phone number, as well as team member’s data (together hereinafter, the “Data”).
- The User irrevocably agrees that the Service Provider transfers all Data to the competition organizer (see Privacy Policy). The Service Provider is not responsible for the veracity of the Data entered by the User.
- The Service Provider disclaims any liability for the contents of the User’s Submission as described in point 4.2 of these Terms and Conditions and expressed opinions in relation to Competitions, products, or services on this Platform, as well as opinions expressed or published about SANDBOX Competitions outside the Platform.
- Service Provider is not obliged to disseminate, distribute, publish or otherwise make public the Submission as described in point 4.2 of these Terms and Conditions or any other information, content and works provided by the User via the Platform or any other method.
- To be able to register on the Platform and, therefore, to participate in Competitions, the website visitor must be at least 18 years of age and must have accepted these Terms and Conditions and the Platform Privacy Policy by checking the box enabled for this purpose in the registration process. It is forbidden to register on the Website using a false identity or impersonating the identity of a third party. To verify the accuracy and truthfulness of personal data, Service Provider may contact the User at any time to request that they prove their age and/or identity by providing any current legal identification.
- By exercising access to the Platform, the User consents to receive advertising information posted on the Platform by third parties. The User understands and agrees that the Service Provider does not determine the content of such information and is not responsible for it.
- Registration Fee
- A registration fee is charged when applying for the Competition on the Platform (hereinafter, the “Registration Fee”).
- Fees may also be charged on the Platform for other paid services applied for by the User.
- Payment is made with the payment methods available on the Platform in USD through PayPal, by credit or debit card.
- Intellectual Property
- The intellectual and industrial property rights to the Platform, its content, its name, design, source codes, navigation structure and databases, among others, are owned by Service Provider, who has the exclusive exercise of the rights to exploit them in any way. In addition, Service Provider is the owner or has the corresponding license, authorization or assignment of the intellectual, industrial and image property rights of all the material, information and documentation provided on the Platform (hereinafter, the “Content”). Therefore, it is forbidden to suppress the notices of copyright, intellectual property or any identification mechanisms incorporated in the Content, as well as, use, reproduce, disseminate, distribute, exploit, publish or publicly communicate in any way all or part of the Content without prior consent written authorization from Service Provider or, where appropriate, from the owner of the corresponding rights.
- By accepting these Terms and Conditions, the User guarantees that he is the author of a Competition project including all the information, content and works, uploaded on the Platform (hereinafter, the “Submission”), or that he has the necessary rights for its exploitation. The User retains the rights over the intellectual property of his Submission and grants Service Provider a worldwide, free and non-exclusive license to reproduce, publish and distribute the Submission and it’s elements in any format and through any means of dissemination. The User may terminate the said license by requesting it in the email hello@sandbox.archi. However, Service Provider has no capacity or obligation to remove content that has been previously shared by third parties or indexed by search engines and is not responsible for the use that third parties may make of them either before or after the termination.
- By uploading the Submission on the Platform the User warrants and represents that:
- The Submission is an original work, and has not been copied wholly or substantially from any other work or material or any other source;
- the exploitation of the rights licensed to Service Provider will not infringe the rights of any third parties; the User shall use its best attention and efforts to duly check before uploading the Submission whether the Submission do not infringe the rights of any third parties.
- User’s obligations
- The User undertakes not to use automatic or other programs to gain access to the Platform. Any such attempt shall be deemed unauthorized access.
- Without the consent of the Service Provider, the use, dissemination, distribution, copying and/or retrieval of any materials or information (including personal data, personal identifiable images, descriptions, photographs, videos etc.) from the Platform manually or automatically (using software means) is not permitted.
- In addition, the User undertakes:
- not to copy, reproduce, modify, disseminate, distribute or provide any information posted on the Platform without the written consent of the Service Provider;
- not to take any actions that may cause a disproportionate load on the Platform infrastructure;
- not to obstruct the operation of the Platform, as well as not to obstruct the operation of automatic systems or processes, with the intention to block or restrict access to the Platform.
- In order to prevent User violations and/or damage to the Service Provider (including but not limited to hacker attacks), the Service Provider has the right to restrict the User’s or third parties’ access to the Platform by blocking access to the Platform.
- The User agrees that the Service Provider is not responsible for possible losses caused to the User due to taking measures to prevent violations on the Platform related to the User’s access to the site, as well as restriction / blocking of IP-addresses.
- The User agrees to indemnify Service Provider and Competition organizer from all claims, liability, damages, losses, costs, expenses and legal fees arising out of breach of these Terms and Conditions and Competition Terms and Conditions by the User or any other liability arising out of the User’s use of this Platform.
- Claims and dispute resolution procedure
- If the User has complaints about the services or operation of the Platform, then the User is invited to first contact the Service Provider, describing the situation and sending an e-mail to: hello@sandbox.archi.
- These Terms and Conditions including its validity, as well as any dispute arising out of it shall be governed and interpreted pursuant to the laws of Poland. The Parties shall make all due effort to resolve any disputes arising out of this Terms and Conditions amicably, through negotiations and using conciliatory procedures. If a dispute cannot be resolve in amicable way it should be recognized by the common court of law determined by the legal address of the Service Provider at the time of bringing the action. The disputes arising out of these Terms and Conditions shall be subject to the exclusive jurisdiction of the Polish courts, designated based on Service Provider’s seat.
- If any of the provisions of these Terms and Conditions are held by any court or tribunals having jurisdiction to be illegal, invalid or unenforceable, then the Terms and Conditions shall remain in force as if such illegal, invalid or unenforceable provision never existed.
- Others
- This Terms and Conditions shall apply worldwide.
- The Service Provider has the right to unilaterally revise, amend or change the Terms and Conditions, supplement, change, limit, and expand the functional possibilities of the Platform, as well as unilaterally change the payment procedure and prices without any special notice to the User.
- When making changes in the current wording of the Terms and Conditions, the date of the last amendment is indicated.
- The new wording of the Terms and Conditions shall enter into force from the moment of its posting on the Platform.