Website Terms & Conditions

1. GENERAL TERMS

1.1. These Terms (hereinafter referred to as the “Terms”) establish the guidelines for using the website https://architecturecompetitions.com/ (the “Portal”). The Terms are binding for all individuals who use the Portal to apply for, search, view, or browse architecture and design competitions (the “Competitions”) or utilize any other functionality of the Portal.

1.2. The Portal is maintained and administered by BUILDNER, SLU. Contact email: [email protected] (the “Administrator”).

1.3. “Buildner” is the trading name of BUILDNER, SLU (referred to hereafter as “Buildner”).

1.4. Trademark and Copyright: “Buildner” is a registered trademark. All website content is exclusively owned by Buildner TM. Copyrights for competition submissions are subject to specific disclaimers. All rights are reserved and protected. ©

1.5. The Portal provides information about organized architecture competitions (including Competition Terms and Conditions, Competition Brief, photos, and accompanying details) posted by the Administrator and directed at a designated group of individuals, the “Participants.”

1.6. In accordance with these Terms, only Competitions selected by the Administrator are posted on the Portal. All users may search and browse Competitions and access other services offered on the Portal. Additional terms, conditions, and restrictions may apply to each Competition (refer to the respective Competition Terms and Conditions and Competition Brief for details).

1.7. Searching, browsing, and viewing Competitions or other publicly available information on the Portal can be done without registration or login. By engaging in these activities, Users agree to comply with the Terms and Conditions and the Privacy Policy.


2. REGISTRATION RULES

2.1. All eligible participants may enter Competitions on the Portal after completing the registration process.

2.2. Each Competition has its own specific set of rules, terms, and conditions for eligibility and registration. Participants should review the individual Competition Terms and Conditions for detailed eligibility and registration requirements.


3. OBLIGATIONS OF THE USER

3.1. Users must not use automated programs or other methods to access the Portal without authorization. Without the Administrator’s consent, it is prohibited to use, distribute, copy, or retrieve any materials or information (including descriptions, photographs, etc.) from the Portal, whether manually or through automated means.

3.2. Additionally, the User agrees:

3.2.1. not to copy, reproduce, modify, distribute, or share any information on the Portal without the Administrator’s written consent;

3.2.2. not to engage in any actions that may cause an excessive load on the Portal infrastructure;

3.2.3. not to interfere with the functioning of the Portal or with any automated systems or processes designed to maintain Portal access and operation.

3.3. To prevent potential violations or harm (e.g., DDoS attacks or other malicious actions), the Administrator reserves the right to restrict access to the Portal for Users or third parties by blocking access to the Portal.

3.4. Users acknowledge that the Administrator is not liable for any losses that may result from measures taken to prevent violations on the Portal, including restrictions or blocking of IP addresses.

3.5. The User agrees to indemnify the Administrator and Competition Organizer against any claims, liabilities, damages, losses, costs, expenses, and legal fees arising from a breach of these Terms by the User or from any liability related to the User’s use of the Portal.


4. CLAIMS AND DISPUTE RESOLUTION PROCEDURE

4.1. Informal Resolution

If the User has complaints or concerns regarding the services or operation of the Portal, the User is encouraged to first contact the Administrator to attempt an informal resolution. The User may initiate this process by sending an email detailing the complaint to: [email protected]. The Administrator is committed to working in good faith to address and resolve the User’s concerns.

4.2. Formal Dispute Resolution and Arbitration Agreement

If a dispute cannot be resolved through informal means, any claim or dispute arising out of or related to the User’s access to or use of the Portal, these Terms, or any related policies shall be resolved through binding arbitration, as outlined below:

• Arbitration Scope: This arbitration agreement covers any claim or dispute between the User and the Administrator arising out of or connected to the User’s use of the Portal.

• Exclusions: The User and the Administrator may bring claims in small claims court if they qualify or seek equitable relief in court for matters specifically involving the intellectual property rights associated with the Portal itself. This includes claims related to the Portal’s branding, trademarks, website content, design elements, and any proprietary features owned by the Administrator.

Important Note: Intellectual property rights associated with individual competition project submissions (e.g., design concepts, drawings, and other creative materials submitted by participants) are not covered under this clause. Such rights are governed by the specific Competition Terms and Conditions for each competition, which may include unique rules and protections for project submissions. Users should consult the applicable Competition Terms and Conditions for any matters related to the intellectual property rights of competition entries, as these are separate from the Portal’s general intellectual property rights.

4.3. Arbitration Process

• Arbitration Rules: Arbitration shall be conducted by a neutral arbitrator in accordance with the rules of the American Arbitration Association (AAA) for U.S. Users, or the International Chamber of Commerce (ICC) for Users outside of the U.S., unless otherwise agreed by the parties.

• Location: The arbitration shall take place in Andorra, or at another mutually agreed-upon location, or via teleconference if both parties consent.

• Arbitrator’s Authority: The arbitrator shall have the authority to grant any relief available in court under law or equity. The arbitrator’s decision shall be final and binding on all parties.

4.4. Class Action Waiver

All claims and disputes under these Terms must be resolved solely on an individual basis. The User expressly waives any right to bring or participate in any class, collective, or representative action against the Administrator, whether as a plaintiff, class member, or in any other capacity. This waiver prohibits the User from joining or consolidating claims with those of any other individual or entity, or from participating in any collective arbitration or court proceeding against the Administrator. By agreeing to this Class Action Waiver, the User acknowledges and accepts that all claims or disputes will be adjudicated on an individual basis only, and that any attempt to bring or participate in a class, collective, or representative action against the Administrator involving matters subject to these Terms, including arbitration, is strictly prohibited and shall be deemed a breach of these Terms. The User further agrees that any such breach shall entitle the Administrator to seek immediate dismissal of the collective claims and enforcement of this Class Action Waiver in full, with any associated costs borne by the User.

• Batch Arbitration: If multiple similar claims are filed within a 30-day period, they may be batched together for efficiency but will still be processed as individual claims. This batching shall not constitute a class action or collective arbitration.

4.5. Waiver of Jury Trial By agreeing to arbitration, the User and the Administrator waive the right to a trial by jury or to have claims heard in court, except in the limited cases outlined above.

4.6. Limitation of Liability

To the fullest extent permitted by law, the Administrator’s liability for any claim or damages arising from the User’s use of the Portal is limited to a maximum of €100. This limitation applies to all types of damages, including direct, indirect, incidental, special, consequential, or punitive damages, and any loss of profits or revenues, whether incurred directly or indirectly.

4.7. Applicable Law and Jurisdiction

These Terms and any disputes arising from the User’s use of the Portal shall be governed by the laws of Andorra, excluding its conflict of law principles. Any arbitration or court proceedings will be conducted in Andorra, based on the Administrator’s legal address at the time the action is filed.

4.8. Indemnification

The User agrees to indemnify and hold harmless the Administrator and the Competition Organizer from any claims, damages, liabilities, losses, and expenses (including legal fees) resulting from the User’s breach of these Terms, use of the Portal, or any third-party claims related to actions taken on the Portal.

4.9. Severability

If any part of these Terms, including this dispute resolution section, is deemed unenforceable, the remaining provisions shall remain in full effect and shall be enforced to the fullest extent permitted by law.


5. CONCLUSION

5.1. The Administrator reserves the right to unilaterally revise, amend, or modify these Terms, as well as to supplement, change, limit, or expand the Portal’s functionality. The Administrator may also change payment procedures and pricing at its sole discretion without prior notice to the User.

5.2. Any changes to these Terms will be indicated by updating the “Last Amended” date displayed on the Portal.

5.3. The revised Terms will become effective immediately upon being posted on the Portal.

5.4. Users are responsible for reviewing the current version of the Terms before each use of the Portal. Continued use of the Portal after the revised Terms take effect constitutes acceptance of the new Terms, which will apply in full to the User.

Last amended:
Date of wording: November 7, 2024
Date of publication: November 7, 2024