Terms and Conditions
Terms of Use:
Terms and Conditions: These Terms of Use (these “Terms”) represent an agreement between you and Digivillaplans and govern your use of this website and any products, including house plan sets (“Plans”) made available via this website from time to time. This website, together with such products or services, is referred to collectively as the “Site” in these Terms. By using the Site, whether for purposes of viewing or ordering Plans or otherwise, you acknowledge that you have read and understood, and agree to be bound by and comply with, these Terms.
When you use our website.
Who may use the Site.
The Site is intended for use by adults. You must be at least 18 to order or use any Plans or otherwise use the Site.
What’s not allowed.
When using the Site, you agree that you will not:
violate any applicable present or future laws, rules, orders, ordinances, regulations, statutes, requirements, codes or executive orders of any governmental or judicial authorities (“Applicable Laws”); submit, provide or upload any text, images, video or other materials (“Your Information”) that are unlawful, harmful, fraudulent, threatening, harassing, discriminatory, libelous, defamatory, vulgar, obscene or otherwise objectionable or that may invade another’s right of privacy or publicity or infringe any Intellectual Property Rights (as defined below) or other proprietary rights of any third party; submit any personal information, including names or email addresses, pertaining to other individuals; impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or include intentional inaccuracies in Your Information;
violate or attempt to violate the security of the Site; reverse engineer or decompile any portion of the Site; or “scrape” information from the Site by automated means or otherwise without authorization.
Your privacy.
Your use of the Site is subject to Digivillaplans’ privacy policy. The provisions of our privacy policy are incorporated into these Terms. By using the Site,you acknowledge and consent to Digivillaplans’ collection, sharing and use of information as set forth in the privacy policy.
When you order and use our plans.
Overview.
All of our Plans were created by architects or designers (each, a “Designer”). When you order Plans from Digivillaplans, in accordance with these Terms: if we own the copyright in the Plans, we license rights to use these Plans directly to you; or if we have licensed the rights to use the Plans from a Designer, we either sublicense rights to you to use these Plans or arrange for the Designer to license such rights directly to you.
Designer Agreement.
Ordering Plans.
You may order some Plans by paying money (“Purchased Plans”). All orders to Digivillaplans are final, and no refunds will be granted for any reason. We have many visitors from all over the world. Shipping products around the world is expensive and time-consuming, so the best way is to download the products. You can download both CAD and PDF sets with just one payment. It should be noted that due to the need for editing and updating, after selecting the plan and payment, the files will be sent to your email within a maximum of one week. Also, if needed and possible, you can customize the selected plan during this week.
License.
When Digivillaplans provides you with Purchased Plans or Free Plans you are thereby granted, subject to these Terms and, if applicable, any Designer Agreement, a limited, non-exclusive license (“License”) to use the Plans to build the home depicted in the Plans (the “Project”) one time and one time only; and to modify and reproduce the Plans solely to the extent required for purposes of satisfying your specific needs and/or to meet the requirements of your specific state and local building codes, ordinances or regulations in completing the Project. In addition to any other requirements set forth in these Terms and, if applicable, any Designer Agreement, you agree to comply with the following restrictions, requirements and conditions to which the License is subject:
You may not assign, sublicense or transfer the License.
You may not re-use the Plans (e.g., for building any additional home(s)), without the prior written consent of Digivillaplans, which consent shall require payment of a re-use fee and may be subject to additional conditions, as specified by Digivillaplans.
You shall not, and shall not authorize or permit anyone else to, sell, redistribute or publish the Plans, or otherwise disclose the Plans to anyone other than contractors, consultants, lenders or governmental agencies on a “need to know” basis as reasonably required for the purpose of building a single home subject to the License.
You may not create derivative works based on the Plans other than such modifications as may be required for your own use in building a single home in accordance herewith.
You agree that you will have the Plans reviewed and approved by a local professional designer or engineer before the start of any construction.
You agree that you will maintain, and will cause your builder and other contractors involved in the Project to maintain, sufficient liability and other insurance coverages with insurance companies licensed in the applicable locations, as required to cover all of your obligations under these Terms and Applicable Laws.
Your Builder’s Responsibilities.
You acknowledge and agree that: (i) the following items are your builder’s and your responsibilities; (ii) you will use your best efforts to cause your builder to fulfill such responsibilities; and (iii) Digivillaplans and its Designers shall have no responsibility or liability with respect to such items: Your builder is responsible for assuring that all work is in accordance with the latest edition of all applicable national, state, and local building codes, construction industry standards and other Applicable Laws.
Your builder is responsible for obtaining the required permits and inspections from local governmental agencies. Your builder is responsible for checking the Plans prior to construction to verify all dimensions and details for overall accuracy appropriate to the local conditions. Your builder is responsible for working with you on decisions for the final selection of materials such as masonry, floor joists, lumber, structural members, construction panels, roofing, etc., all of which can create variations in dimension and details. For example, if standard lumber joists are used in place of engineered floor joists, the floor-to-floor dimension would vary from the Plans and require revised stair dimension and framing. Your builder is responsible for providing standard construction details and practices which will result in a structurally sound and weatherproof finished product. Your builder is responsible for all construction means, methods, sequencing, techniques, and safety on the job site of construction workers and third parties.
Your builder is responsible for assuring that all materials, equipment and components are new and of good quality. Your builder is responsible for assuring that all manufactured articles, material, and equipment are applied, installed, connected, erected, used, cleaned, adjusted, operated and conditioned as directed by the manufacturers. Your builder must follow all instruction to sustain and preserve all expressed or implied warranties and guarantees. It is the responsibility of the builder to assure that all materials, equipment and components are new and of good quality.
Generally Applicable Terms.
Who Owns What.
Digivillaplans and/or its Designers or other licensors own all Intellectual Property Rights inherent in or appurtenant to: the Site, including any Plans; any and all other graphics, photographs, video, images, artwork, text, software and other technology comprising or available via the Site; and the contents, design, layout, functions and appearance of the Site. Without limitation of the foregoing, the Plans are protected by Copyright Laws; and any use of the information contained therein beyond the one-time use authorized under the License, or any reproduction, publication, sale or distribution of any part of the Plans without the prior written consent of Digivillaplans, constitutes a violation of Laws, and may make you subject to prosecution and the prescribed penalties to the full extent as provided thereunder. You represent and warrant to us that you own all Intellectual Property Rights in Your Information. By submitting Your Information, you automatically grant us a non-exclusive, royalty- free, worldwide, perpetual, irrevocable right and license to use Your Information in connection with the Site and otherwise in ways consistent with the privacy policy. As used in these Terms, “Intellectual Property Rights” means, collectively, all rights with respect to trademarks, service marks, trade dress, logos, copyrights, rights of authorship; all applications, registrations, derivative works and renewals relating to the preceding items; all database rights, moral rights, inventions, rights of inventorship, rights of publicity and privacy, trade secrets, know-how, rights under unfair competition and unfair trade practices laws; and all other worldwide intellectual and industrial property rights related thereto.
Indemnity.
You agree to indemnify and defend Digivillaplans and its affiliates, and their respective Designers or other licensors, and the officers, directors, owners, agents, representatives, contractors, employees and assigns of the foregoing (collectively, the “Indemnified Parties”) and hold them harmless from and against any and all losses, demands, causes of action, damages, liability and costs and expenses, includingreasonable attorneys’ fees, incurred or sustained by any of the Indemnified Parties in connection with (i) the use, construction, conversion, modification, misinterpretation, misuse, or reuse by you or others of the Plans or any other drawings, data or other materials furnished by Digivillaplans or any Designers; (ii) any negligence or other acts or omissions by you or any of your employees, consultants, advisors, agents, representatives or contractors; and (iii) any breach by you of any of the provisions of these Terms and any applicable Designer Agreement. Digivillaplans reserves the right, at its own expense, to assume, or permit a Designer to assume, the exclusive defense and control of any matter subject to indemnification by you.
DISCLAIMER.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, INCLUDING ANY PLANS.
YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO ENSURE, PRIOR TO USE OF ANY PLANS, THAT SUCH PLANS ARE ACCURATE, SUITABLE FOR YOUR PURPOSES AND COMPLIANT WITH ALL APPLICABLE LAWS.
Additional caveats, disclaimers and requirements.
The Plans are intended to indicate design intent and basic construction detailing. It is your responsibility to ensure that you have obtained the proper professional assistance to provide standard construction details and practices, which will result in a structurally sound and weatherproof finished product. Any use of the Plans, and/or modifications of the Plans, by you, builders or others on your behalf, is done at your own risk. The Plans do not include any plumbing, heating or air conditioning drawings due to the wide variety of local codes and climatic conditions. We recommend that you have a local electrical engineer, mechanical engineer or builder provide such of these drawings as may be required for permits and construction. Any foundation plan and associated details included in the Plans are intended to serve as a basic guide for a typical foundation system. This typical foundation system is not site- or location-specific. You acknowledge our recommendation that you have a local designer or licensed engineer review the Plans and provide a site-specific foundation design if found necessary. The Plans provide ideas and concepts and are not intended to be complete in all respects and details. Variations in standard sizes (e.g., of windows and doors), and brands, thicknesses, types and uses of different materials can change details. Varying local codes, ordinances, regulations, foundation requirements, and the layout of electrical, mechanical, and plumbing systems may also require changes of details. Digivillaplans engages Designers that it believes to be reliable. However, you should normally anticipate that some changes and adjustments in the project will be required to correct possible errors and omissions in the Plans. Such changes are not indicative of, and should not be construed as, negligence on the part of the Designer. Names of materials and manufacturers shown on the Plans do not represent an endorsement or recommendation by Digivillaplans or Designer. Final selections of materials are the responsibility of you and/or your builder, including proper installation of materials, nailing, gluing, caulking, insulating, flashing, roofing, weatherproofing and many other small items and details not necessarily indicated on the Plans; and Digivillaplans and Designer have no control or responsibility with respect to such matters.
The Plans do not have an architectural or engineering signature, seal and/or stamp. You agree to consult the local building official who can tell you if a review of the Plans by a licensed designer or engineer is required prior to submission of the Plans for a building permit. Because of the great differences in geography and climate in different areas, each state, county, and municipality has its own building codes, zoning requirements, ordinances, and/or building regulations. The Plans may need to be modified to comply with local requirements. In addition, you may need to obtain permits or inspections from local governments before and in the course of construction. Your right to use the Plans is conditioned on your agreement to, and you affirm that you shall: (i) consult a locally licensed designer or engineer of your choice prior to beginning construction, and (ii) strictly comply with all local building codes, zoning requirements, and other applicable laws, regulations, ordinances, and requirements. Plans purchased for homes to be built in certain jurisdictions, such as the State of Nevada, must be redrawn by a locally registered professional; and you agree that, if applicable, you will consult a local building official or legal counsel with respect to such requirements. Due to the large number of Plans and price options for those Plans offered by Digivillaplans, data entry and other errors inevitably may occur in the text and pricing shown on this Site. Digivillaplans reserves the right to correct such errors as they are discovered, and no order and pricing with respect to that order shall be final until confirmed by Digivillaplans.Some photographs that appear on the Site of houses that have been built may be based on modifications made to the Plans associated with photograph, and, in such case, those modifications are not incorporated into the Plans.
LIMITATIONS OF LIABILITY.
IN NO EVENT SHALL DIGIVILLAPLANS OR ITS AFFILIATES OR ANY DESIGNERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, DELAY IN USING, OR INABILITY TO USE THE SITE, INCLUDING ANY PLANS. DIGIVILLAPLANS’ AND ITS DESIGNERS’ LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO (A) THE AMOUNT, IF ANY, YOU HAVE PAID TO DIGIVILLAPLANS IN CONNECTION WITH THE MATTER GIVING RISE TO SUCH LIABILITY, OR (B) IF YOU HAVE NOT MADE ANY PAYMENT, THE AMOUNT OF $100. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS CERTAIN LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, DIGIVILLAPLANS’ MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100.
Changes to these terms.
Digivillaplans may modify these Terms at any time by posting changes on the Site; however, (i) these changes will only become effective and binding with respect to you after Digivillaplans provides notice on the Site that these Terms have changed, and you first use the Site following the date of such posting, (ii) the changes will only apply with respect to your use of the Site, including any ordering or use of Plans, after such changes become effective, and (iii) any imposition or change of payment obligations, if any, will only apply if and when you expressly agree. If at any time you find these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access the Site.
Digital Millennium Copyright Act.
If you believe that the Site contains content that infringes on your copyright, please forward the ail to info@digivillaplans.com. Your address, telephone number, and email address; A description of the copyrighted work that you claim has been infringed; A description of where the alleged infringing material is located; A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 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.
Termination.
We have the right, without limitation of our other rights and remedies at law, in equity or hereunder, to terminate these Terms, the License and/or your right to use the Site, at our discretion, if you do not comply with any of the provisions of these Terms or any Designer Agreement.
Miscellaneous.
No joint venture, partnership, employment or agency relationship exists between you and Digivillaplans or any Designers as a result of these Terms or your use of the Site, including any Plans. The person accepting these Terms on behalf of each party represents and warrants that he or she has been duly authorized by that party to accept the Agreement and thereby bind it to these terms. These Terms will be effective as of the date accepted by you. These Terms, together with any Designer Agreement, represent the entire agreement between you and Digivillaplans with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding such subject matter. These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by Applicable Laws, and such determination shall not affect the validity and enforceability of any other remaining provisions. These Terms are for the benefit of Digivillaplans and the Designers, and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities has the right to assert and enforce these Terms directly against you on their own behalf. Nothing in these Terms shall be construed to create, impose or give rise to any duty owed by Digivillaplans of its affiliates or any Designer to any contractor, subcontractor, construction manager, supplier, or other person or entity (other than you, to the extent provided herein), or to any surety for or employee of any of them, or give any rights in or benefits under these Terms to such persons. Digivillaplans may assign these Terms at its discretion. You may not assign these Terms or any of your rights hereunder, nor delegate any of your obligations hereunder. These Terms are binding on the parties hereto and their respective successors and permitted assigns. No waiver of any obligation or right of either party will be effective unless in writing, executed by the party against whom it is being enforced. The parties consent to have any action or dispute between them resolved exclusively within the jurisdiction of the state or courts. In addition to money damages, Digivillaplans shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent. The headings in these Terms are for convenience only and are not to be considered in construing it. All references in the Terms to “including” shall be deemed to mean, “including, but not limited to.” All references in these Terms to “we,” “our” or variations thereof shall be deemed to refer to Digivillaplans. All references in these Terms to “you,” “your” or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organization or legal entity that you represent, if you are entering into these Terms on behalf of such organization or entity. We will send any notices that are intended for you personally and not all users of the Site to you at the most recent email address we have on file for you. Any notice from you to Digivillaplans should be sent by email to info@digivillaplans.com.
