Terms and Conditions for The Big Room Powered by Autodesk Construction Cloud
Welcome to The Big Room Powered by Autodesk Construction Cloud. When you use the Community (defined below), you’re agreeing to these terms and conditions of use, which is a contract between you and Autodesk, Inc., with its principal office address at The Landmark at One Market Street, Suite 400, San Francisco, CA 94105 (“Autodesk,” “we” or “us”).
1. General
1.1. The Big Room Powered by Autodesk Construction Cloud (“Community”) is a web-based platform that enables you and other Community members to receive invitations from us to participate in various challenges related to promoting Autodesk, such as but not limited to sharing items of importance to us on social media, speaking at one of our conferences, or talking about us to others (each a “Challenge”). 1.2. You agree that by clicking “Accept” or using the Community, you are entering into a legally binding agreement with us relating to your participation in the Community.
1.3. We call the terms and conditions set out in this document the “Terms and Conditions”. Your “Agreement” with us includes these Terms and Conditions, our Privacy Statement and any other Autodesk terms that are displayed to you when you use additional features or services (if any), all as may be amended from time to time. If you do not agree to any of the terms of the Agreement, do not click The Big Room Powered by Autodesk Construction Cloud or use the Community.
2. Sharing
2.1. Your participation in the Community is completely voluntary. You may cancel your account at any time. Participation in a Challenge is also voluntary. You are free to refuse to participate in any Challenge.
2.2. The Community may allow you to interact with us and other Community members by posting your own Content to the Community. “Content” means anything you post to the Community, including opinions, expressions, points of view, articles, videos, messages, photos, advice or any other information.
2.3. You retain any ownership rights you have in your Content. However, by posting Content, you give us the right to use this Content, subject to certain limitations that we set out below. In legal language, this means that if you post Content, you give us and our corporate affiliates (which are companies that we own or that are under common ownership with us) a non-exclusive, royalty-free, perpetual, transferable and sublicensable license to use, copy, modify, distribute, publish and process your Content, without any further consent, notice, or compensation to you or any other third party.
2.4 By creating an account, you consent to our use of the personal information you provide to us (including name, user profile information, employer name, role, image and likeness) for all purposes related to the Community, without any compensation or further consent or notice.
245. Our rights to the Content are limited in the following ways:
a. You may remove any particular piece of Content from the Community by deleting it from the Community or by closing your Community account. If you have shared the Content with others and they have made a copy or stored your Content, it may not be completely deleted from the Community.
b. We will get your consent if we want to give others the right to publish your Content outside of the Community. However, other Community members of the Community may access and share your Content consistent with the functionality of the Community.
c. While we will not modify or amend your Content, we may make formatting changes to your Content.
2.6. If you participate in any Challenges, we may award you points based on your successful completion of the Challenge. If we award points, we will automatically track your points for you. We will also display a leaderboard within the Community that sets out the number of points each ambassador has. This leaderboard is viewable by all other ambassadors of the Community. Please note that you can remove yourself from the leaderboard at any point in time, in your sole discretion.
2.7. We appreciate your thoughts about the Community. By submitting suggestions or other feedback about the Community to us, you agree that we can use and share (but do not have to use or share) such feedback for any purpose without compensation to you.
3. The Community Rules
3.1 We have certain rules that we require all of the Community members of our Community to follow. These rules help to ensure that the Community functions properly and benefits all participants, including us.
3.2 You agree that you will:
a. be at least 18 years old (and you cannot use the Community if you are younger than 18);
b. choose a strong password, keep your password secure and confidential, and not transfer any part of your account to anybody else. You are responsible for anything that happens through your account unless the use happens after you’ve closed your account;
c. use the Community in a professional manner and in accordance with any usage guidelines we may make available from time to time
d. provide accurate and correct information about yourself to us and keep it updated, including using your real name in your Community profile; and
e. only post Content that does not violate the law or anyone else’s rights (including somebody’s intellectual property rights).
f. include in any social media post related to the Community or Autodesk the following disclosure: “#TheBigRoomACC”.
3.3. You agree that you will not:
a. create an account for somebody else;
b. use or attempt to use another member’s account;
c. harass, abuse, or harm another person;
d. scrape or copy profiles and information of others through any means;
e. act in an unlawful, libelous, abusive, obscene, discriminatory, or otherwise in an objectionable manner (to be determined within our sole discretion);
f. post Content that you do not have the right to post;
g. violate our intellectual property rights or use our intellectual property rights in anyway other than as expressly permitted by us;
h. post any Content that constitutes unsolicited or unauthorized advertising, such as junk mail, spam, or any other form of solicitation that we have not authorized;
i. post any Content or otherwise interact with the Community in any way that contains and/or spreads viruses, worms, or any other harmful code;
j. copy or use the Content of others, in connection with a service that competes with the Community;
k. reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive all or part of the source code for the Community or any related technology;
l. use bots or other automated methods to access the Community;
m. monitor the availability, performance, or functionality of the Community for any competitive purpose;
n. engage in framing, mirroring, or otherwise simulating the appearance or function of the Community;
o. rent, lease, loan, trade, or sell/re-sell access to the Community or any related information, data or Content;
p. imply or state that you are affiliated with us or endorsed by us without our prior written consent;
q. remove any intellectual property rights notices in the Community;
r. collect, use, copy, or transfer any third party Content without our consent; or
s. override or attempt to override any security features of the Community.
4. Messages, the service, and limitations
4.1. The Community may allow the sharing of Content and communication with other Community members. Other Community members or the public may see Content that you post, depending on the settings we offer and your choice of how to manage such settings.
4.2. We do not have to publish your Content, nor do we have to allow you to post Content. We reserve the right to remove any Content at any time for any reason, within our sole discretion.
4.3. We may change, suspend, or end any part or all of the Community at any time for any reason, in our sole discretion. To the extent permissible under applicable law, these changes are effective upon notice to you. Following such a change, if you do not want to continue to use the Community, please close your account immediately.
4.4. Depending on the functionality of the Community as it may exist from time to time, we may allow messaging amongst users of the Community. Any such messages must be sent in accordance with this Agreement and our usage guidelines.
4.5. The Community is not a storage service. We have no obligation to store, maintain, or provide you a copy of any Content that you or others provide, except to the extent this is required in accordance with applicable law and as set out in our Privacy Statement.
4.6. Since we do not review Content before it is published, you may see Content that is inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Although we do our best to encourage Community members to follow the Community rules, you agree that we are not responsible for Content posted by anybody but us, or for any damages as a result of your use or reliance on such Content.
4.7. By joining the Community, you give us consent to email you about the Community, related services from us, and/or related services from third parties. If we send you a marketing email, you will always have the opportunity to opt-out of future marketing emails in the footer of every email we send you.
5. Big Room Rewards Program
5.1 We may (but are not required to) provide you a reward through The Big Room Rewards (“Rewards Program”). The Reward Program allows you to redeem points earned in Challenges for certain rewards in the rewards catalog.
5.2 The Rewards Program is only available to Community members of The Big Room.
5.3 For you to be eligible to receive a reward via mail, the reward must be mailed within the United States or Canada.
5.4 To be eligible, you must not be a(n):
a. Student,
b. Employee of Autodesk or its affiliates,
c. Government employee or official, or
d. Citizen or resident of any country subject to a U.S. trade embargo or government sanctions or export restrictions,
5.5 Rewards points have no cash value and cannot be used outside of The Big Room rewards catalog.
5.6 We have the rights to, at any time without notice, for any or no reason:
a. Remove a reward from the rewards calendar/catalog,
b. Substitute one or more items if a reward is unavailable or cannot be provided to you,
c. Alter or waive any Rewards Program feature or benefit prospectively or retroactively, including, without limitation, eligibility criteria, participation fees, point accrual, redemption criteria, rewards earned, or
d. Suspend, modify, or terminate the Rewards Program, any Challenge, or the Community.
5.7 Redemption Process
a. Once you select a reward to be redeemed, we will review and either approve or deny the request, at our sole discretion.
b. You will then select the item and provide shipping address.
c. Delivery time of rewards redeemed depends on delivery location.
5.8 If the reward includes a gift card, gift certificate, stored-value card, or similar card or certificate (whether in physical, electronic or other form), you understand and agree that your acceptance and use of the card or certificate are subject to all eligibility criteria, expiration dates, service or dormancy fees, and all other terms and conditions (if any) imposed by the issuer of the card or certificate. You acknowledge that we are not the issuer of the card or certificate and that we are not responsible for establishing those terms and conditions, for disclosing or explaining any of the terms and conditions to you, or for your failure to comply with any of them. You understand that if you do not comply with all of those terms and conditions, you may not be able to obtain the maximum value, or any value, from the gift card or certificate.
6. Disclaimer of Warranties; Exclusions and Limits of Liability
Please read this entire section 5, as it excludes and limits our liability to you in certain ways
6.1. We do not exclude or limit any liability that cannot be excluded or limited under applicable law. If you live in a country where any of the exclusions and/or limitations set out in this section 5 are not allowed, such exclusions and/or limitations do not apply to you.
6.2.
a. We disclaim all warranties, conditions, representations or other terms, whether express or implied;
b. We do not guarantee that the Community will function without interruption or errors, or at all; and
c. We will provide the Community on an “as is” and on an “as available” basis. Any rewards granted through the Rewards Program are given to you “as is” and without warranty of any kind from us.
6.3. Neither Autodesk nor its affiliates will be liable, whether in tort (including for negligence), breach of statutory duty, contract, misrepresentation, restitution or otherwise, direct or indirect, whether foreseeable, known, foreseen or otherwise, for any: (a) lost profits (of any kind); (b) loss or corruption of data; (c) loss of reputation or goodwill; or (d) for any special, indirect or consequential loss, costs, damages, charges or expenses, however arising.
6.4. Notwithstanding the foregoing, our total liability, however arising, will under no circumstances exceed, in the aggregate, $100.7.5. You will indemnify us from and against all damages, losses, costs, liabilities and expenses of any kind (including reasonable legal fees and costs) suffered or incurred by us by reason of any claim, suit or proceeding arising out of or relating to your Content, your use of the Community and the Rewards Program, or your breach of this Agreement.
8. Suspension and termination
8.1. We may suspend your access to your account if you violate the terms of this Agreement.
8.2. Both you and us may terminate this Agreement at any time for any reason, with notice to the other party. On termination, you lose the right to access or use the Community.
8.3. The sections of this Agreement that need to survive termination in order to give full effect to their provisions, survive this Agreement’s termination
9. Complaints about content
9.1. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials made available by or through us infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. When you provide notice, please provide the information listed at https://www.autodesk.com/company/legal-notices-trademarks/copyright-information/notice-and-procedure-for-making-claims-of-copyright-infringement. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA. See https://www.copyright.gov/ for details. Notices and counter-notices should be sent to:
Copyright Agent
Notices and counter-notices should be sent to:
Copyright Agent
Autodesk, Inc.
Legal Department
Attn: Copyright Agent
The Landmark at One Market Street, Suite 400
San Francisco, CA 94105
E-mail: Copyright.Agent@autodesk.com
We suggest that you consult your legal advisor before filing a notice or counter-notice.
10. Miscellaneous
10.1. The only way you can provide us legal notice is to the address we have provided at the beginning of this Terms and Conditions.
10.2. The following rules of interpretation apply to this Agreement: (a) the words “include” and “including” are deemed to have the words “without limitation” following them; (b) references to the singular include the plural and vice versa; and (c) references to “will” are to be construed as having the same meaning as “shall”.
10.3. If any term of this Agreement is found invalid, illegal or unenforceable, the rest of the Agreement remains in effect.
10.4. If we do not enforce a term of the Agreement, it is not a waiver of that term or any other term. 10.5. This Agreement makes up the entire agreement between you and us, and supersedes any prior agreements relating to The Big Room Powered by Autodesk Construction Cloud.
10.6. You will not transfer any of your rights or obligations under this Agreement to anyone else without our consent. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.
10.7. This Agreement shall be construed, governed and interpreted in accordance with the laws of (a) Ireland if the entrant's principal place of residence is in a country in Europe, Africa or the Middle East, (b) Singapore if the entrant's principal place of residence is in a country in Asia, Oceania or the Asia-Pacific region, or (c) the State of California (and, to the extent controlling, the federal laws of the United States) if the entrant's principal place of residence is in a country in the Americas (including the Caribbean) or any other country not specified in this Section 8.7; provided, however, that in respect of all claims, actions and disputes brought by us, this Agreement shall be governed by and construed in accordance with the laws of the State of California (and, to the extent controlling, the federal laws of the United States). The laws of such jurisdictions shall govern without reference to the conflicts-of-laws rules thereof. The UN Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act shall not apply to (and are excluded from the laws governing) this Agreement. In addition, you agree that any claim, action or dispute arising under or relating to this Agreement will be brought exclusively in (and the parties will be subject to the exclusive jurisdiction of) the Superior Court of the State of California, County of Marin, or the United States District Court for the Northern District of California in San Francisco, except that (other than with respect to claims, actions or disputes brought by us) if your principal place of residence is in (a) a country in Europe, Africa or the Middle East, any such claim or dispute will be brought exclusively in (and the parties will be subject to the exclusive jurisdiction of) the courts of Ireland, or (b) a country in Asia, Oceania or the Asia-Pacific region, any such claim or dispute will be brought exclusively in (and the parties will be subject to the exclusive jurisdiction of) the courts of Singapore. You submit to the jurisdiction of those courts and waives any objection to those courts, whether on the basis of jurisdiction, venue, inconvenience of the forum, or otherwise. Notwithstanding anything to the contrary, nothing will prevent us from bringing an action for infringement of intellectual property rights in any country where such infringement is alleged to occur.
