Date of last update: July 1, 2020
We may modify these Terms at any time. By logging in to the Sitearound Platform or using any other Services after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using the Services.
Third Party Products and Services
The Services may contain links to third-party websites; we do not control or endorse those websites, nor endorse any goods or services sold on those websites except where expressly stated to the contrary on our website or in other Sitearound marketing materials. Similarly, the Services may contain ads for products or services of third parties. We do not control or endorse any such products or services being advertised except where expressly stated to the contrary on our website or in other Sitearound marketing materials.
Access and Security
As part of using the Services, we may require you to sign up for an account and select a password and email or user name (your “Sitearound User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. Your right to access the Services is personal to you and you may not transfer your account to anyone else without our prior written permission. You will not share your account or password with anyone, and you must protect the security of your account and your password. You may not select as your Sitearound User ID a name that you don’t have the right to use, or another person’s or entity’s name with the intent to impersonate that person or entity. You are responsible for any activity associated with your account. You are responsible for maintaining the confidentiality of your account and your password. You represent and warrant that you are of legal age to form a legally binding contract. If you are agreeing to these Terms on behalf of an entity, you represent and warrant that you are authorized to agree to these Terms on that entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that entity). Our websites are controlled and operated by us from Thailand, and, except as expressly set forth herein, are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of Thailand.
In choosing to access the Services, you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules and regulations. Sitearound may limit the Services’ availability, in whole or in part, to any person, geographic area or jurisdiction Sitearound chooses, at any time and in our sole discretion.
You agree that you will not provide any User Provided Information (as defined in these Terms) or other materials or otherwise use the Services or interact with the Services in any manner that:
- Infringes upon, misappropriates or violates the intellectual property rights or any other rights of Sitearound or any third party;
- Violates any applicable laws, rules or regulations, including any applicable export control laws, or would cause Sitearound to be in violation of any applicable laws, rules or regulations;
- Violates any agreement to which you are subject (including but not limited to any confidentiality or employment agreement);
- Is threatening, harassing, degrading, hateful, defamatory, fraudulent, tortious, obscene, indecent or objectionable;
- Jeopardizes or interferes with the security of the Services, your Sitearound account or anyone else’s account;
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates or interferes with the security of any computer network, or cracks any passwords or security encryption codes;
- Transmits, distributes or enables any virus, worm, Trojan horse or other code or program that is harmful or invasive or that is intended to damage or hijack the operation of any hardware or software;
- Attempts to disrupt, interfere with or slow down our delivery of Services, including but not limited to a denial of service attack;
- “Crawls,” indexes, “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Data (through use of manual or automated means)
- Circumvents or attempts to circumvent any features, limitations, or restrictions of the Services (including, without limitation, attempting to access, download, export, or otherwise use or exploit any Data using any automated means or tools or to attempt to obtain paid services without making payment;
- Runs any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- Copies or stores any significant portion of the Data in any manner not expressly permitted by the Terms (e.g. creating a database by systematically downloading or storing Data);
- Decompiles, reverse engineers, translates, creates derivative works from, obtains, or reproduces any code or underlying ideas, inventions, technology, algorithms or functionality of or relating to the Services or Data, or attempts to do so
User Provided Information
The Sitearound Platform provides opportunities for you to provide data, content, photographs, layouts, diagrams, models, files or other information (collectively, “User Provided Information”) to us in connection with your use of the Services. You agree you will only provide User Provided Information to us if you own all the rights to that User Provided Information, or if another rights holder has given you permission. You do not transfer ownership of your User Provided Information simply by providing it to us.
Your User Provided Information is owned by you or the respective licensors or property owners.
By providing us with User Provided Information, you grant, on your own behalf and on the behalf of such licensors or property owners, to Sitearound and its affiliates the right to use User Provided Information (a) to provide Services to you(b) for the purpose of system maintenance, including but not limited to implementing and verifying Sitearound Platform security maintenance/upgrades, and for maintenance of the Services. t(c) on an aggregated basis (and not in a manner that identifies individual users/projects) for the purpose of improving the Sitearound Platform and Services and (d) on an aggregated basis (and not in a manner that identifies individual users/projects) for our research on Sitearound customer and project demographics, interests, and behavior and marketing and business development purposes.
Your User Provided Information, including generated simulations and configurations provided to you through your use of our Services, will be treated by Sitearound as confidential and will not be disclosed by Sitearound or its affiliates to any party for any purpose not permitted by these Terms provided that we may disclose such information for the purpose of complying with the order or requirement of a court, administrative agency or other governmental body or other applicable legal requirement provided that we will use commercially reasonable efforts to notify you in advance of such disclosure.
You agree that you will not knowingly, intentionally or recklessly provide any User Provided Information that is not accurate, true and complete and agree that you will make reasonable efforts to maintain and update such information as appropriate. You acknowledge that Sitearound is not responsible in any respect for the accuracy, truth, or completeness of any User Provided Information. You agree to indemnify, release, and hold us harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any User Provided Information you provide.
The Services and the Data constitute the property of Sitearound and/or Sitearound’s suppliers and licensors, as applicable, and are protected by copyright, trademark, patent and/or other proprietary rights and laws. Sitearound and/or its suppliers and licensors retain all of their respective intellectual property rights in the Services and Data and no such rights are conveyed to you by these Terms or your use of the Services or Data other than the limited rights expressly granted to you in these Terms. Any reproduction, transmission, publication, transfer, resale, creation of derivative works from, redistribution or other use or exploitation of the Services or Data by you not expressly in accordance with these Terms, including without limitation any effort to resell or distribute all or any part of any Services or Data or any technology or functionality underlying the Services or Data, is expressly prohibited and may result in civil or criminal penalties.
In addition, you promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Data you access through the Services in any way (including through the Sitearound website, API, mobile applications, downloads, etc.). You will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Data in a way that violates someone else’s (including Sitearound’s) rights. You may reference the Data with proper attribution to Sitearound or the applicable owner; however, any other uses of the Data require Sitearound’s prior written consent. You grant to Sitearound a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Services any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the Services.
By accessing and using the Sitearound Platform, you agree additionally to the terms of this section “Sitearound Platform” (without limitation to the other provisions of the Terms). The Sitearound Platform is a construction management platform. It is intended to enable users to collaborate on various activities for construction management. You agree that any usage by you of the Sitearound Platform shall solely be for the purpose of management of your construction projects and for your personal or your organization’s purposes (including downloading, and making and distributing copies, of such generated simulations/configurations exclusively in furtherance of this authorized purpose) (the “Permitted Purpose”).
Privacy; Electronic Communications
We reserve the right to charge for certain or all Services. Visit our products page for current descriptions of these services and the applicable fees or contact your sales representatives. You agree to pay all fees which apply to your use of the Services. Sitearound reserves the right to change any fees and pricing applicable to the Services at any time upon notice to you (which may be sent by email or posted on Sitearound’s website). Your use of the Services following such notification constitutes your acceptance of any new or increased fees. Payment obligations are non-cancelable and fees paid are non-refundable. Quantities purchased cannot be decreased once purchased. If you provide credit card or bank account information to us for payment for Services, you authorize us to charge your credit card or bank account for such Services. You are responsible for providing accurate credit card or bank account information and notifying us of any changes to such information. Fees do not include any taxes, levies, duties or similar governmental assessments of any kind, including, without limitation, value-added, sales, use or withholding taxes (collectively, “Taxes”) and you are responsible for paying all Taxes associated with any purchases of any Services. We are responsible solely for taxes assessable against us based on our income, property and employees.
Sitearound may, in its sole discretion, at any time for any reason or no reason, terminate your access to the Services and any account(s) you may have in connection with this Services, including if Sitearound believes that you have violated or acted inconsistently with the letter or spirit of these Terms or if it is required by applicable law, rule or regulation.
Our termination of your access to the Services may be effected without notice and, on such termination, we may immediately deactivate or delete your account and/or bar any further access to such files, and your right to use the Services will immediately cease. Sitearound shall not be liable to you or any third party for any termination of your access to the Services or account hereunder.
The Services may change over time. We may suspend or discontinue all or any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. Similarly, we reserve the right to remove any User Provided Information from the Services at any time in the event that we determine in our discretion that you have breached the Terms.
Disclaimer of Warranties
Your use of the Services is at your own risk. The Services and any content, information, products or services made available on or through the Services are provided on an “as is” and “as available” basis without warranty of any kind except to the extent expressly provided to the contrary by Sitearound to you in writing. Except to the extent of any express warranty made to you by Sitearound in writing, Sitearound and/or its suppliers and licensors hereby disclaim all warranties, express or implied, in relation to the Services or any content, information, products or services made available on or through the Services, including but not limited to any implied warranty of merchantability, fitness for a particular a purpose or noninfringement, to the maximum extent permissible under applicable law.
Limitation of Liability
In no event shall Sitearound and/or its suppliers/licensors and its or their officers, directors, employees, or agents be liable for any special, incidental or consequential or punitive damages or losses arising out of or in connection with your use of the Services or the Terms, however arising, including by contract, equity, negligence or other tortious action, even if advised in advance of such damages or losses. The maximum liability of Sitearound and its officers, directors, employees and agents to you or any third party shall be the total amount, if any, actually paid by you to access and use the Services.
To the fullest extent permitted by law, you shall indemnify, defend and hold harmless Sitearound, its licensors/suppliers and their respective officers, directors, employees and agents from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys’ fees, arising out of or in connection with: (1) any of your User Provided Information, including an assertion that the information, content, or other materials or services provided or made available by you or the use thereof, may infringe any copyright, trademark, or other intellectual property rights of any individual or entity, or misappropriate any individual or entity’s trade secret, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials; (2) any breach by you of your obligations or covenants under these Terms; (3) your unlawful and/or unauthorized use of, or activities in connection with the Services including any Sitearound websites. The foregoing indemnities shall survive expiration or termination of these Terms.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Sitearound’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law
These Terms are governed by and will be construed under Thailand law, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms (whether brought against Sitearound or against any director, officer or employee of Sitearound in their personal capacity) shall be finally settled in Thailand, in Thai language.
If you have any general question, comment or complaint regarding the Services, please send an e-mail to info@Sitearound.com.