TERMS OF CONTRIBUTION AND COMMERCIAL USE – version 2.5; last updated on 13.05.2019
Hi there! The following terms apply when you decide to contribute Designs to the Platform (1) or when you want to make Commercial Use of the Designs on the Platform (2). Please note that these terms apply in addition to Our General Terms of Use.
Please read our Terms carefully . If you do not agree with any of the provisions set out in these documents, you should not use the Platform.
You can also find out more about OpenStructures and its way of working in the FAQ section on the website.
Definitions: | 1. Headline |
The following terms, whenever used with a capital, in both the single and plural form, shall have the meaning as defined hereinafter. Terms defined in our General Terms of Use shall have the meaning as defined in the General Terms of Use. For clarity’s sake, some important definitions are recalled hereafter:
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1. Submitting Designs to the Platform | 2. Headline |
In order to submit Designs and contribute to the Platform, you must first have a valid registered User Account.
1.1 Grant of license to OpenStructures When you submit Designs to the OpenStructures platform, you remain owner of the intellectual property rights to your Design, if and insofar your Design is eligible for intellectual property rights protection under applicable law. However, you understand and agree that you will have to grant certain rights to OpenStructures and the other Users of the Platform in order to make the Platform function.
1.1.1 OS_Parts When you submit an OS_Part to the OpenStructures Platform:
If you have also uploaded a 3D file of the OS_Part for download, you have the option to:
Users may freely Use published OS_Parts (e.g. include or use your Part in a Design or an Application). However, Users may not resell or distribute OS_Parts designed by other Users 'as they are' outside the Platform in any context, this includes but is not limited to re-selling the 3D download file (or offering the download file for free) reselling OS_Parts in brick and mortar shops, web shops or any other online distribution channel.
1.1.2 OS_Applications When you submit an OS_Application to the OpenStructures Platform,
If you have also uploaded a 3D file of the OS_Application for download, you have the option to:
As regards reproductions that surpass Personal Use purposes, you can choose between two options on licensing conditions and applicable royalties. You can indicate your preferences when submitting your OS_Application.
1. Fully open licensing (OS_Open 1.0) You can decide to leave your OS_Application fully open and allow other Users to use your Design free of charge regardless of the purposes for use. Under the fully open licensing option, both Personal Use Purposes and purposes that surpass Personal Use (e.g. purely commercial use of your Application) are freely allowed under the following terms:
2. Partly open licensing: (OS_Non-Commercial 1.0) You can decide to leave your OS_Application only partly open which means that the entity using and/or reproducing your OS_Application for purposes that surpass Personal Use (e.g. commercial use of your OS_Application) is bound to the payment of licensing fees as described in 1.1.3. In all cases you must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use. You agree that you shall not claim ownership of any kind of Derivative Design created by others on the basis of your OS_Application.
1.1.3. Royalties in case of manufacturing and sale of Design Reproductions of OS_Applications If you would like to manufacture and sell your OS_Application via OpenStructures or have it manufactured and sold (f.i. by another user) via OpenStructures, you may contact OpenStructures. OpenStructures may also contact you in this regard. If OpenStructures decides to publish the Reproduction of your OS_Application within Our webshop, you shall have the right to a royalty fee on the sales price (after deduction of applicable taxes), once a reproduction gets sold. This royalty is due by the seller of your OS_Application.
In case this party misses to meet his/her obligation, We cannot be held responsible and can't reimburse the missing license payment.
1.3 Duration and extent of licenses granted Any license granted in application of the foregoing provisions shall be granted perpetually or if this is not permitted by applicable law, for the maximum duration permitted and at least for the entire duration of validity of the intellectual property right covering the submitted Design, if any.
Any license granted is non-revocable, which implies that even if you decide to leave the Platform, this does not impact on the rights you granted earlier (e.g. your submitted designs will remain on the Platform).
For the avoidance of doubt, the fact that you grant a license to Us, does not imply that We have any obligation to effectively make use of the rights granted. In other words, We do not have an obligation to effectively publish, make your Design available on the platform or maintain your Design on the Platform, to offer your 3D files up for download or for sale, to sell your Design via the platform, etc.
1.4. Warranties and representations Whenever you submit a Design to the website, you warrant and represent that you are the creator of the Design you have submitted and your Design does not infringe on the intellectual property rights of third parties or other Users of the Platform. In case any third party or other User of the Platform asserts claims related to your Design, you agree you shall, at your own expense, defend any claim or proceeding brought against OpenStructures based on an allegation that the Design would constitute an infringement of Intellectual Property Rights of third parties, provided that OpenStructures has promptly notified you in writing of such claim.
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2. Commercial use of Designs | |
2.1 Commercial use of OS_Parts Users may freely use, reproduce and resell published Parts as part of a Design, Application or Project. However, Users may not resell or distribute Parts designed by other Users 'as they are' outside the Platform in any context, this includes but is not limited to re-selling the 3D download file (or offering the download file for free) reselling Parts in brick and mortar shops, web shops or any other online distribution channel.
2.2 Commercial use of OS_Applications 2.2.1 Commercial reproduction and manufacturing of OS_Applications Unless you are the Designer of the Design, Commercial reproduction and manufacturing of OS_Applications that are published under OS_non-commercial 1.0 is, as a rule, only allowed via the Platform and under the following conditions:
Sale of OS_Applications outside the Platform is only allowed for the Designer of the OS_Application himself, or by a third party after having concluded an agreement with the Designer directly. If you would like to know more and would like to reproduce and sell Designs, please contact us at: info@openstructures.net
2.2.2 Use of Applications in a commercial context Unless you are the Designer, Reproduction and Use of Applications that are licensed under OS_non-commercial 1.0, outside of the Platform and in a commercial project or context (e.g. when working out a tailor made Project directly for a client such as furnishing a restaurant, office, festival, conference etc.) is only allowed after prior consultation with us and shall be bound to the payment of a royalty fee. If you would like to do so you should contact us at info@openstructures.net.
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3. Use of the OS label / trademark | |
The OS name and logo are registered as a European Union Trademark (EU Trademark 017882866). Use of the OS label without prior approval by OpenStructures is only allowed under specific conditions. If you would like to make use of the OS label, you should contact us at info@openstructures.net.
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4.Credit line | |
For all communication and/ or publishing purposes concerning Designs that are published on the Platform, such as f.i. the Use of text and imagery within printed and electronic material, all parties agree to include one of the following titles and credit lines: < Project Title > , or < Project Title > ,
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