Description of Service
If you register on behalf of a business, you represent to ProPlanet that you have the authority to bind that business and that your acceptance of this Agreement will be treated as acceptance by that business.
Changes and Modifications
ProPlanet may change or amend these terms. If we make material changes, we will notify you, either through the user interface, in an email notification, or through other reasonable means. Your use of the Service after the date such change(s) become effective will constitute consent to the changed terms. If you do not agree to the changes, you must immediately stop using the Service. Otherwise the new terms will apply to you.
As long as you comply with this Agreement, ProPlanet grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.
Links To Other Sites
The SaniNet Service is a living 3D bathroom planner for professionals. The Service combines creative thinking and technological expertise to allow you to seamlessly create your own high-quality 3D bathroom designs, post them to the internet, mail them to visitors and prospects, and share them with friends and colleagues.
Conditions of Use and User Contact
As a condition of use, and the licenses granted to you herein, you agree to the following:
Use of the Service require you to open an account (including setting up a password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify ProPlanet immediately of any unauthorized use of your account or password, or any other breach of security.
You must not use the Service to harass, threaten, impersonate, or intimidate anyone.
You must not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
You must not upload, post, email, transmit, publicly perform, or otherwise make available any content that violates the copyright, trademark, publicity, privacy, or other rights of third parties. You must comply with all intellectual property and other laws applicable to your use of the Service.
You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation.
You must not transmit any worms or viruses or any code of a destructive nature.
You must not violate any laws applicable to your use of the Service (including but not limited to intellectual property laws).
You must not use the Service for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content.
You must not use the Service, or any bathroom design produced on or using the Service, to falsely suggest an affiliation, sponsorship, or endorsement on the part of ProPlanet for the topic and/or creator of the presentation.
You can use 1 subscription for 1 concurrent user, on the Internet all over the world.
Users must not fraudulently obtain (or attempt to obtain) additional user rights.
SaniNet offers a variety of user accounts. You can find out about all the types of accounts, as well as their features and pricing on our website.
You agree to pay the then-current fee for the account type (e.g., SaniNet Easy, SaniNet Easy Professional) you have selected.
The current fee for the account type you have selected will automatically and immediately be charged to your payment instrument or account on the date you subscribe. Fees charged for one account type may not be credited towards other account types. All currency references are in European Euro's.
Payment for Subscription
SaniNet Easy and SaniNet Easy Professional require a subscription. You pay a recurring fee. Don’t worry, we will email you each period to remind you of your upcoming renewal. If you don't want to renew your subscription, you can cancel at any time.
To protect against potential fraud, ProPlanet may take steps to verify the validity of the credit card information you provide to us. The verification process may include debiting an amount between € 0,01 and € 0,99 from your credit card account and then immediately crediting the same amount back to your credit card, as well as asking you to verify the amount debited in order to confirm that you are in possession of your credit card. ProPlanet will only use this process to screen for fraud and will not otherwise debit your credit card account except as part of a transaction conducted through your account for the Service.
By providing ProPlanet with your credit card information, you authorize ProPlanet to debit and credit your credit card account for an amount less than one dollar for such verification purposes.
Cancellation of Subscription
Payment for subscriptions is non-refundable. If you cancel your reoccurring payment option, your account will remain active until its next renewal date. If you delete your account before the end of the term for which you paid, your cancellation will take effect immediately. In either case (cancellation or deletion), you will not be given any refund.
If your credit card is invalid for any reason, ProPlanet reserves the right to cancel your account entirely in such case.
Intellectual Property Infringement, Warranties
If you believe that ProPlanet, or any user of the Service, has violated a copyright, trademark or other right you claim in your work, please contact us.
When you upload User Content on or through the Service, you represent and warrant that, with respect to all User Content that you upload, transmit, publish and disseminate through the Service, (a) you have all the rights and licenses necessary to use, reproduce, publish, display publicly, perform publicly, distribute, or otherwise exploit such User Content in connection with the Service (and to grant to ProPlanet the licenses set forth in this Agreement); (b) the User Content will not infringe or otherwise violate the copyright, trademark, or other intellectual property rights of any third party; and (c) you have the consent, release, and/or permission of each identifiable person depicted in your User Content to upload, transmit, publish, and/or disseminate their name and/or likeness through the Service.
ProPlanet's Intellectual Property
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, “ProPlanet Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such ProPlanet Content, contained on the Service is owned, controlled, or licensed by or to ProPlanet, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights.
As a user of the SaniNet Service, ProPlanet grants to you a non-assignable, non-transferable, non-sublicensable license, revocable at any time at ProPlanet’s sole discretion, to use (i) the SaniNet name and (ii) the SaniNet logo, unaltered, unmodified, and as it appears on the www.saninet.eu website solely for the purpose of truthfully referring to SaniNet, including for use in creating a website that explicitly references SaniNet (the “Use License”). In addition to the restrictions above, such Use Licenses are expressly conditioned on: (i) no SaniNet Content may be used in a manner that creates confusion among consumers or that suggests that you (or your website) are sponsored or endorsed by ProPlanet, or affiliated with ProPlanet, (ii) no SaniNet Content beyond the SaniNet name and logo may be used, (iii) any such use must be of the full SaniNet name and/or unaltered and current SaniNet logo, (iv) any such use may in no way disparage SaniNet, any user of the SaniNet Service, or any third party, and (v) any website that uses SaniNet Content must include prominent text to the effect that “this website is not affiliated with or sponsored or endorsed by ProPlanet.” You agree to make no other uses of the SaniNet name and logo beyond those expressly allowed herein, pursuant to a Use License.
Except as expressly provided in this Agreement or otherwise permitted by law, no SaniNet Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without ProPlanet’s express prior written consent.
Termination; Breach of This Agreement
You agree that ProPlanet may, at its sole discretion and without prior notice, terminate your account, your access to the Service, and/or block your future access to the Service, without providing a refund of any subscription fees. But way of example, but not by way of limitation, we may terminate your account if we determine that you have violated this Agreement or other agreements or guidelines that may be associated with your use of the Service. Please note that it is ProPlanet’s policy to terminate the accounts of users who repeatedly violate the intellectual property rights of third parties.
If ProPlanet takes any legal action against you as a result of your breach of this Agreement, ProPlanet will be entitled to recover from you, and you agree to pay, all reasonable attorney’s fees and costs of such action, in addition to any other relief granted to ProPlanet.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PROPLANET AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AND LICENSORS (THE “PROPLANET AFFILIATES”) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. PROPLANET AND THE PROPLANET AFFILIATES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) USER CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES, INFORMATION, OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE OR RELATED SOFTWARE WILL BE CORRECTED.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROPLANET AND THE PROPLANET AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL, OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES, WITHOUT LIMITATION, ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY CHANGES THAT PROPLANET MAY MAKE TO THE SERVICE; (b) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICE; (c) THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY CONTENT OR OTHER PROPERTY MAINTAINED THROUGH THE SERVICE; OR (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PROPLANET, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
YOU SPECIFICALLY ACKNOWLEDGE THAT PROPLANET AND THE PROPLANET AFFILIATES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, PROPLANET AND/OR THE PROPLANET AFFILIATES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Please Review Designs for Appropriate Content Before Use
You agree to indemnify and hold ProPlanet and/or the ProPlanet Affiliates harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by ProPlanet and/or the ProPlanet Affiliates in connection with any claim arising out of your breach of the Agreement. ProPlanet reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
This Agreement is the whole legal agreement between you and ProPlanet. It governs your use of the Service and completely replaces any prior agreements between you and ProPlanet with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase other products or services from ProPlanet.
The Agreements between ProPlanet and the user of the SaniNet Service are governed by Dutch law.
All disputes that might arise between ProPlanet and the user of the SaniNet Service under the terms of an Agreement concluded by ProPlanet with the other party or under the terms of subsequent Agreements, which might be the result thereof, will be resolved by the competent Court of the place of business of ProPlanet.
Statute of Limitations
You agree that regardless of any statue or law to the contrary, any claim under this Agreement must be brought within three (3) months after the cause of action arises, or such claim or cause of action is forever barred.
Severability of Terms; Non-waiver of Terms; Assignment
If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement enforced as
written. If ProPlanet does not exercise or enforce any legal right of remedy including those contained in the Agreement or arising under appicanle law, this
will not be taken to be a formal waiver of our rights. ProPlanet may assign or delegate some or all of its rights and obligations under this Agreement.
How to Contact Us
5215 EJ ’s-Hertogenbosch