Terms of Use
Acceptance of Terms
This website (the “Site”) contains certain information, documents, software and products (collectively, the “Materials”) and various services (the “Services”). ArchVision. (“ArchVision”) provides you access to use such Materials and Services subject to the terms and conditions set forth in this document (the “Terms of Use”), which ArchVision may revise at any time and at its sole discretion. By browsing or using this Site, you, and the entity, if any, you represent, agree to be bound by the Terms of Use, and any revisions thereto. You should periodically visit this page to determine the then current Terms of Use to which you are bound. If you do not agree to these Terms of Use, do not use this Site.
Copyright Notice/Use Restrictions
The Materials and Services provided on this Site, as well as the arrangement of the content on the Site, are protected by law, including, but not limited to, copyright law and/or other intellectual property laws. Except as expressly authorized herein and/or by ArchVision or the copyright owner, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. In addition, the Materials or Services contained on this Site may not be “mirrored” on any other server without ArchVision’s written permission. Further in accessing and using the Site, you agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations.
Use of Software
The software, and accompanying documentation, if any, made available for download from this Site are the copyrighted works of ArchVision and/or its vendors. Use of the software is governed by the terms of the end user license agreement that accompanies or is included with such software. You may not download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such. If you do not agree to such terms do not download and install the software.
Use of Other Site Materials
You may display, copy, distribute and download the Materials on this Site (other than the Software and accompanying documentation and other than the design and layout of the Site) only for personal, non-commercial use, provided you do not modify the Materials and that you retain all copyright and other proprietary notices contained in such Materials.
The rights granted to you above constitute a license not a transfer of title. These rights terminate automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed materials.
Trademarks
The trademarks, service marks, logos, and trade dress (the “Trademarks’) used and displayed on this Site are registered and unregistered Trademarks of ArchVision and others. Nothing on this Site grants, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the express written permission of the Trademark owner. The name of ArchVision or the ArchVision logo may not be used in any way, including in advertising or publicity pertaining to distribution of Materials on this Site, without prior, written permission. ArchVision prohibits use of the ArchVision logo as a “hot” link to any ArchVision site unless establishment of such a link is approved in advance by ArchVision in writing.
A partial list of U.S. Trademarks owned by ArchVision follows. Any questions concerning the use of these Trademarks or whether a Trademark that does not appear on this list is a Trademark of ArchVision should be referred to ArchVision at 163 East Main Street, Lexington, Kentucky 40507, +1 859.252.3118.
ArchVision®
RPC™
RPC Creator™
Dashboard™
Entourage Workshop™
Detail Warehouse™
Your Transmissions
Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary. By posting such material, information or ideas to the Site, you (i) grant to ArchVision and its affiliates an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, distribute or create derivative works of such materials or information; (ii) agree that ArchVision is free to use any ideas, concepts, know-how or techniques that you send us for any purpose and (iii) warrant and represent that you own or otherwise control all of the rights to the materials, information and ideas and that public posting, use and distribution of such by ArchVision will not infringe or violate the rights of any third party.
You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
Safe Harbor
ArchVision is not responsible for any products sold herein that contain copyrighted material of any sort. However, if a product is found to contain copyrighted material of any kind without an explicit agreement between the rights holder and the creator of the product, please contact us at support@archvision.com and we will attempt fix the issue as best we can, depending on the product, agreement, and other circumstances regarding the incident.
Use and Protection of Your Account Number and Password
You are responsible for maintaining the confidentiality of your account number and password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.
Disclaimers and Limitations of Warranties
Information on this Site may contain technical inaccuracies or typographical errors. The Materials or Services contained within this Site, including the prices and descriptions of products, may be changed, updated or discontinued at any time without notice.
This Site is controlled and operated by ArchVision from its offices within the United States. ArchVision makes no representation that Materials or Services provided through this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Except as expressly provided otherwise in a written agreement (including licenses downloaded with Software) between you and ArchVision, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND AND ARCHVISION, ALONG WITH ITS VENDORS, EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, ARCHVISION DOES NOT WARRANT OR MAKE ANY RESPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS OR SERVICES ON THIS SITE OR ANY SITES LINKED TO THIS SITE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you; however to the extent permissible, any implied warranties are limited to ninety (90) days.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ARCHVISION OR ITS VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS OR SERVICES ON THIS SITE, OR FOR ANY USE OF THIS SITE, EVEN IF ARCHVISION OR A ARCHVISION AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THIS SITE, INCLUDING YOUR USE OF ANY MATERIALS OR SERVICES FROM THIS SITE, RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Termination of Access
We reserve the right to deny access to the Site to any person or entity whom we have reasonable grounds to believe may be using the Site for an unlawful or unauthorized purpose or in a manner that may harm us.
Your Privacy at ArchVision.com
At ArchVision we believe that understanding what our customers want for products, services, and information is an important part of building an interesting and useful online environment.
We have designed our website with this belief in mind, and we’ve created this policy statement so that you have easy access to information about our privacy policies and practices.
If you have any questions about ArchVision privacy statement or policies, please contact ArchVision. Or if you prefer, our postal address is:
ArchVision
163 East Main Street
3rd Floor
Lexington, KY 40507
USA
or reach us via phone at +1 859.252.3118.
Information that we collect online
In several areas of our site we ask you to provide information by filling out and submitting an online form. These areas include registration and during the ordering process.
Information that we do not collect
When you visit our site, we do not collect your name, email address, or any other personal information unless you provide it to us.
No personal information is passed to ArchVision from our affiliate partners.
How we use the information that we collect
By collecting information, we hope to make your current and future experiences with ArchVision as useful and effective as possible. We hope to keep you informed about changes in our products, changes that will provide you with increase value and positively impact the way that you work.
The information we collect about you and your visit will help us to refine our website so as to improve your experience. We analyze and use the information we collect in two ways; first, we review our customer information in the aggregate to determine which areas of the site are of most value, and which are less valuable. Second, we may use information gathered during a customer’s visit to help customize his or her next visit to the site. Information we collect will allow us to provide you more immediate access to the kinds of information you value the most.
Certain product vendors require end user registration of their product in order to receive an authorization code or access to their products. This information may include name, company, address and email information. You will be notified during the order process when purchasing products that requires your customer information to be passed to the product vendor.
ArchVision does not sell, or distribute any customer information to anyone outside of our company.
Return Policy
ArchVision supports the return policy of each product manufacturer. Since each manufacturer’s return policy may differ, carefully read each return policy. All returns must be approved. No unapproved return will be accepted. No product may be returned after 14 days from date of delivery. All eligible returns are subject to a 15% return fee. Please note that shipping costs are not refundable.
Before attempting to return any product you must contact ArchVision customer service for instruction at +1 859.252.3118 ext 103 or by sending an email to support@archvision.com.
If you find that you are having trouble with the product, or it is not performing to your expectations, please contact Technical Support at +1 859.252.3118 ext 103, support@archvision.com, live chat or use the web based support www.archvision.com.
ArchVision’s return policy does not affect the warranties, if any, granted to you under the manufacturer’s product software license.
ArchVision RPC (RPC Content, RPC Plug-ins, and ArchVision applications)
ArchVision is committed to your satisfaction with RPC Technology. That is why we make fully functional demonstration versions of our software and content types available for you to test-drive free of charge. By using our products and getting a sense of their usefulness and limitations before you license them, we believe that you are in the best position to make the right choice. Downloadable products are non-returnable. Physical products may be returned at customer’s expense for purchase price less shipping granted the original seal has not been broken.
ArchVision RPC Software Licenses & Recurring Billing Products (formerly “RPC All Access Licenses”)
ArchVision RPC Software Licenses (formerly “RPC All Access Licenses”) are automatically renewing annual software license products. In order to purchase a license you must agree to the following terms: You authorize ArchVision through PayPal or other payment service to automatically bill the credit card you have provided until you cancel the annual Software License. Your credit card will be charged at the time of purchase for the entire amount and renewals will be billed on your anniversary date each subsequent year. You will receive email notification thirty (30) days prior to your Software License renewal. You may elect to cancel your Software License by notifying customer service at support@archvision.com or +1 859.252.3118 ext 103. If you take no action, your Software License will renew and your credit card will be charged.
The Software License term begins the day of purchase and continues until the end of the licensing period. On the last day of each licensing term, your Software License will automatically renew for successive terms of the same duration unless you cancel the service as described in the Cancellation of Service section of this Billing Policy.
PLEASE NOTE: All charges are non-refundable. No refunds will be issued if your Software License is canceled before the end of the licensing term. However, your license will remain active until the end of the paid licensing period.
Chaos (V-Ray and Enscape)
Chaos Group products have specific fulfillment requirements which enable fulfillment only to addresses in specific regions. This is a non-returnable product. Please contact support@archvision.com for further details.
Detail Warehouse
Because of the nature of the content, Detail Warehouse is a non-refundable product. Sample content is available for review prior to purchase and download.
All other products
Once the packaging seal has been broken and/or the product has been downloaded the product may not be returned. This pertains but is not limited to such products as SketchUp, Rhino, AVAIL, Pro-Viz, Renderpeople, Laubwerk, and Seedmesh.
Electronic Download
ArchVision plugins and content are all downloadable free of charge for customers through our website or by using AVAIL. Partner products such as V-Ray, Enscape, Rhino, and SketchUp are delivered electronically by each respective manufacturer.
Subscription Customers / Recurring Billing:
Product
ArchVision RPC Software Licenses & Recurring Billing Products (formerly “RPC All Access Licenses”) (Hereafter “LICENSE(S)”) are automatically renewing annual software license products subject to certain Terms and Conditions (noted below). In order to purchase a license you must agree to the following terms:
Term of Service
Your term of service begins on the day of purchase and continues for twelve (12) months. AT THE END OF YOUR TERM OF SERVICE, THIS AGREEMENT AUTOMATICALLY RENEWS FOR SUCCESSIVE TERMS UNTIL NOTICE OF NON-RENEWAL OR CANCELLATION OF SERVICE IS GIVEN ACCORDING TO TERMS NOTED BELOW.
Payment Terms
You authorize ArchVision (dba “ArchVision”) through electronic payment services to automatically bill the credit card you have provided until you cancel the annual software license. Your credit card will be charged at the time of purchase for the entire amount and renewals will be billed on your anniversary date each subsequent year. You will receive email notification thirty (30) days prior to your software license renewal. Email notification shall be sent to the customer’s billing email of record.
Service Term
The LICENSE(S) term begins the day of purchase and continues until the end of the licensing period. On the last day of each licensing term, your LICENSE(S) will automatically renew for successive terms of the same duration unless you elect to cancel or non-renew the license as described below:
Cancellation of Service or Non-renewal
If you cancel services or give notice of non-renewal there is no penalty, however, YOU MUST NOTIFY ARCHVISION PRIOR TO END OF TERM OF SERVICE VIA EMAIL SUPPORT@ARCHVISION.COM OR TELEPHONE +1 859.252.3118 ext 103.
Notice of cancellation of service
No refunds will be issued if your LICENSE(S) is canceled before the end of the licensing term. However, your license will remain active until the end of the paid licensing period.
Notice of non-renewal
Failure to notify of non-renewal constitutes agreement to renewal and your credit card will be charged and the LICENSE(S) shall remain active for licensing period. ALL CHARGES ARE NON-REFUNDABLE.
Procedure for Making Claims of Copyright Infringement
ArchVision respects the intellectual property rights of others, including rights provided by the copyright laws of the United States and other nations. You may not store material of any type or in any format on, or disseminate such material over, ArchVision’s systems or servers in any manner that infringes third party intellectual property rights. In accordance with the Digital Millennium Copyright Act and other applicable law, it is the policy of ArchVision to terminate, in appropriate circumstances, access and/or service provided to any user that infringes third party intellectual property rights, including repeat infringers.
Pursuant to 17 U.S.C. § 512(c)(2), all notifications of claimed copyright infringement on the Company’s systems or Web site should be sent to our Designated Agent. We have provided the following information for the exclusive purpose of notifying ArchVision., that you allege an infringement of your copyright.
Under federal law, you may be subject to civil penalties if you knowingly make a material misrepresentation that online material is infringing. These penalties may include court costs and monetary damages, as well as attorneys’ fees. Such attorneys’ fees include those incurred by parties who are injured as a result of ArchVision’s relying on your misrepresentation, such as (a) a copyright owner, (b) a copyright owner’s licensee, or (c) ArchVision.
You must provide notice, in writing, to the following Designated Agent:
Corey Rubadue
ArchVision, Inc
163 East Main Street
Lexington, Kentucky 40507
USA
telephone: +1 859.252.3118 ext. 103
facsimile: +1 859.381.1108
email: support@archvision.com
Pursuant to 17 U.S.C § 512(c)(3)(A), your notification of claimed infringement should include the following:
- The electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work (or works) that you claim has been infringed;
- A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of a website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
- A clear description of where the infringing material is located on our website, including its URL, so that we can locate the material;
- Your address, telephone number, and e-mail address;
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.