Last Updated: 11/09/2014

1. ACCEPTANCE OF TERMS

Building-Files.com (Building-Files) is an on-line digital photography, Document hosting service and network operated by Building Files, Inc. By becoming a member of Building-Files you acknowledge that you have read, understand and agree to be bound by these Terms of Service. Building-Files reserves the rights to change and modify these Terms of Service at any time. Notification of any changes made to the Terms of Service will be delivered via the email address we have on file. The most recent revision date will be posted at the top of the page. As a member you are responsible for your membership and accepting the Terms of Service. If for any reason you do not accept Building-Files Terms of Service you are NOT to use or access Building-Files Services or website. Continued use of the Service after such changes constitutes your acceptance of the new Terms of Service.

2. DESCRIPTION OF SERVICES

The Service, described in this section, will consist of an on-line digital photography and document hosting service specifically designed for to monitor the progress of construction projects. The site allows users to access photos and download photos and documents relating to an ongoing or completed construction project. The Service will also consist of advertisements, administrative messages, updates, and newsletters.  In the event that the storage location experiences loss of data for any reason Building-Files assumes no responsibility. In the event that the main storage locations experiences an outage or loss of data Building-Files will switch to the back-up system which could result in a loss of data depending on the time of your last update. The service is provided on an  As-is  basis and may from time to time be unavailable due to scheduled maintenance, power outages and other reasons. Building-Files is committed to provide you with outstanding uninterrupted service but assumes no responsibility for down-time or issues that cause the service to be unavailable. Users are responsible for all fees, equipment and services such as subscription fees, computers, and Internet access associated with using this service.

3. Image Quality

The service does save the original image file in its original state. During the upload process images are copied and compressed on the server to improve the page loading speed. The images displayed in the image viewers are not the original images. Users can download the image by using the Save function. This function is only available for users who have File Browser or Administration privileges. Building-Files recommends that all images should be saved and backed-up on computers or server outside of Building-Files Services. Acceptance of these Terms of Service acknowledges that you understand that Full Users and Administrators have access to save and download image files uploaded to the system.

4. REGISTRATION INFORMATION

When you register to become a member or create a new project you agree to provide true, accurate, and up to date information about yourself and or the project. If you provide information that is un-true Building-Files reserves the right to suspend and or terminate your account and or project.

5. RETURN POLICY

We offer a 30-day money back guarantee form the date of your purchase which is calculated from the date of the credit card transaction or invoice date. If you decide to cancel your subscription during this time you must notify Building-Files in writing by certified letter postmarked on or before the end of your 30-day trial period. After the 30-day trial period all sales are final. Building-Files allows customers to pay with credit card or by check. Payment for services shall be delivered to Building-Files within 30 days from the purchase date. In the event that funds are not delivered within 30 days Building-Files reserves the right to turn off service and or delete your account.

6. PRIVACY POLICY

Continued use of Building-Files services constitutes your acceptance of the most current Privacy Policy. The Building-Files Privacy Policy can be accessed through the Privacy Policy link or may be attached to hard copy agreement. Be advised that just like the Terms of Service the Privacy Policy is subject to changes and revisions. Building-Files will notify you by your account email address of any changes made to the Privacy Policy. Continued use of the service constitutes your acceptance of the new Privacy Policy.

7. BILLING

By establishing and creating a new project you are expressly agreeing that Building-Files is authorized to charge your credit card or send you an invoice for a one time subscription fee. Additional charges will apply if you elect to upgrade your monthly subscription or any other additional service at a later date. You have 30-days from the credit card transaction or invoice date to cancel your subscription after which time all sales are final.

8. MEMBER ACCOUNT, PROJECT ACCOUNT, PASSWORD AND SECURITY

During the member registration process you will set-up a member account complete with a user name and password. As a member you are responsible to maintain the confidentiality of the password. You are also responsible for any and all actions that occur under your password to your personal account of the project account. Members shall not distribute their email address and password for others to access the project. All Users should have an individual account. Account access is provided by Administrators. If your account has been accessed by anyone other than yourself or you suspect someone is trying to access your account it is your responsibility to change your password. Building-Files is not responsible or liable for individuals or groups who breach the security features of the service.

The people assigned to administer a project are responsible for maintaining and updating all project data such as; project information, member lists, and project photos. It is the Project s Administrators responsibility to maintain the project and its content. Administrators are responsible to keep member lists up to date with accurate lists of current members. Administrators are responsible to remove members from the project list if it has been determined that they should no longer receive access to view the progress of the project. Changes to someone s project status or viewing status should be made immediately. Building-Files is not responsible or liable for outdated information.

Building-Files is not be responsible or liable for any security breaches or actions caused by failure to comply with this section.

9. MEMBER CONDUCT

Members are responsible for all material and information (the Content) posted to the service. Building-Files does not control the Content posted using the Service and therefore does not guarantee the accuracy, integrity, or quality of the Content. Building-Files reserves the right to pre-screen and screen any content that is available via the service. Building-Files reserves the right to remove any content that violates the Terms of Service or that is found objectionable. Reproduction of any copyrighted or unauthorized Content in whole or in part is strictly prohibited. Repeat infringer’s accounts will be terminated.

You agree NOT to use the service or the site to:

	A.	Post Content that is unlawful, harassing, abusive, obscene, hateful, or otherwise objectionable in any way.
	B.	Post Inaccurate, false, or forged information or Content of any kind.
	C.	Manipulate photographs or falsify a photograph s date with the intent to deceive the people viewing the photographs 
	D.	Post content that you do not have the proprietary rights to make public. 
	E.	Upload, post, email, transmit or otherwise make available material that contains Spam, Software Viruses, Junk Mail, or any files designed to interrupt destroy or limit the functionality of any computer.
	F.	Use or attempt to access another account, service or system without authorization or create a false identity on the service.
	G.	Solicit personal information for commercial or unlawful purposes.
	H.	Impersonate any person or entity, or falsely stat or otherwise misrepresent yourself.

10. CONTENT OWNERSHIP

When you submit content, such as photos, text or information to a project you grant the project s members with access permission to use, distribute, and reproduce the Content solely for purposes associated with the specific project for as long as the Content is available through the service. You agree that other project Administrators may at their own digression de-activate or change the data posted to the Service. Project s responsibility to determine you agree to use project Content exclusively for the specific project from which it came. When content is posted to a project the person posting the Content grants the project members royalty-free use of the content as long as it’s available to the project members. When Content is removed from the service the license to use the Content is also terminated.

If content is posted to a public section of the service you grant Building-Files and the public license to use the content for as long as it is available to the public through the service. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose, any portion of the Service, use of the Service, or access to the Service. You may not post, upload, share Content that you did not create or that you do not have permission to post.

You acknowledge and agree that Building-Files is not responsible for any infringements and or claims regarding copyright or other proprietary rights relating to content posted to the Site. You indemnify Building-Files from any 3rd party claims resulting in losses, damages, costs, charges, and expenses, including reasonable attorney fees, arising out any copyright or other proprietary right claims relating all content posted and operating functions of the Site.

11. Use of Photos

You acknowledge and agree that Building-File shall not be responsible for the use of any photo posted to the site in a negative context. Administrators are responsible for controlling content posted to the site and Member access to the Site. Administrators will control how much information a member can view, save, and email. Photos can be an important tool when making or defending against a claim. Building-Files shall not be responsible for the use of photos in any way. It is the project s Administrators responsibility to control members use and access of photos.

Photos uploaded to the site shall be the property of the organization, company, or individual paying the subscription fee. Under this agreement images posted to the site have been given royalty-free use as long as they are available on the site. By joining the service as an Administrator and contributing content such as Photos you are knowingly providing content to the Project that is ultimately controlled by the paying Administrator. Building-Files shall not be responsible for property rights of photos among Site Members such as Owners, Construction Managers, Contractors, Subcontractors, and all other parties associated with the project. When a user contributes content to Building-Files they are granting project team members access to the content. Content that should not be available to the project team should not be uploaded to the service. Building-Files is not responsible for resolving issues and or claims between Administrators relating to content access.

Building-Files shall not be responsible for use of photos by any regulatory agency like OSHA, EPA, or any other organization in a negative way.

12. Customer Privacy

Customer privacy is extremely important to Building-Files. Building-Files has gone to great lengths to provide security features for the site to protect project and customers information. With this said you understand that using this Internet service does not guarantee that your information can not be stolen by hackers or thieves. Unauthorized access is not allowed under these Terms of Use. Building-Files shall not be responsible in any way for unauthorized access of any kind.

13. CONTRIBUTIONS

By submitting suggestions and ideas to Building-Files you acknowledge and agree that your contribution becomes the property of Building-Files. Building-Files is under no obligation to provide any compensation or reimbursement of any kind for any occasion.

14. INDEMNITY

You agree to indemnify and hold Building-Files and its affiliates, officers, agents, employees, and partners harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Content you submit, post, upload, transmit or otherwise make available through the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.

15. TERMINATION

You agree that Building-Files under any circumstances and without prior notice may immediately terminate or suspend your Member Account and or Project Account. You also agree that termination of your account is at the sole discretion of Building-Files. Building-Files is liable to contact you or any member of a project regarding termination of an account. Cause of termination shall include but not be limited to:

	A.	Violations of the Terms of Service, Privacy Policy, of Copyright Statement
	B.	Administrator’s request
	C.	Unexpected security or technical problem
	D.	Engagement in un-lawful activities by a project or member
	E.	Extended periods of inactivity
	F.	Deleting a password and all related personal information from an account

16. Payment

All payments shall be made in full unless other arrangements have been agreed to in writing. Subscriptions are fully refundable with-in 30 days of purchase. Credit Card payments will be billed immediately. In the event that a customer requests to pay by check full payment must be received within 30 calendar days otherwise Building-Files reserves the right to terminate or suspend Project Subscriptions. Building-Files reserves the right to delete project content and information associated with overdue accounts from Building-Files website and servers.

17. DEALING WITH ADVERTISERS

Your correspondence, business dealings, participation with advertisers through our Service including payment and delivery, are solely between you and the advertisers. You agree that Building-Files is not responsible or liable for any loss or damages of any type due to the presence of such advertisers on the Service.

18. LINKS

You acknowledge and agree that Building-Files is not responsible or liable for any content or availability of external sites. Building-Files is not responsible for any damages or loss caused or alleged to be caused by an external site.

19. PROPRIETARY RIGHTS & LIMITED LICENSE

You acknowledge and agree that the service and necessary software used in connection with the service contain proprietary and confidential information that is protected by applicable intellectual property rights, copy rights, trademarks, service marks, patens and other laws.

Building-Files grants you a personal, non-transferable and non-exclusive right and license to use the object code provided you do not copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code in the software. You agree not to access the service by any means other than through the intended interface provided by Building-Files for use in accessing the service.

Any use of the site or the sites content other than as specifically authorized herein, without the prior written permission of Building-Files, is strictly prohibited and will terminate the license granted herein.

20. Copy Right Policy

Building-Files does not control the content on our site. Users post the content. To post content on Building-Files.com you must have permission from copyright holders to post the content. Building-Files takes copyright issues very seriously. Users are prohibited from uploading infringing material of any kind. Material that has been identified as copyrighted material will be promptly removed.

21. DISCLAIMER OF WARRANTIES

	A.	You use the Service at your sole risk. The service is provided on an As Is and As Available basis.
	B.	Building-Files makes no warranty that the Service will:
		
		1.	Meet your needs and or requirements
		2.	Be uninterrupted, secure, or error free
		3.	Be accurate and or reliable
		4.	Be corrected

	C.	Building-Files makes no warranty that Content downloaded from the Service will not damage your computer or other applications.
	D.	Oral or written advice obtained from a Building-Files employee does not create any Service warranty not expressly stated in the Terms of Service Agreement.

22. LIMITATIONS OF LIABILITY

You expressly understand and agree that Building-Files and its subsidiaries, affiliates, officers, and employees shall not be liable to you for any direct, indirect, incidental, but not limited to damages for loss of profits, good will, use, data or other intangible losses. The content provided by Building-Files is for informational purposes only. Building-Files shall not be responsible or liable for the accuracy, usefulness or availability of information.

23. TRADEMARK INFORMATION

Building-Files.com and all other graphics, logos, designs, page headers, scripts and service names are registered trademarks, or trade dress of Building-Files. Trademarks and trade dress may not be used in any manner that is likely to cause confusion without prior written permission from Building-Files.