This is the license and overall terms and conditions of use for the Lowe’s Open Builder 3D Product Catalog and Site (“License Terms”) between yourself or as an authorized agent on behalf of you (“Licensee” or “you”) and Lowe's Home Centers, LLC (the “Licensor,” “we,” “us” or “our”).
For purposes of these License Terms, the following definitions shall apply:
“3D Product Catalog” shall mean the combination of all the 3D Images available to be downloaded via the Site.
“3D Image(s)” shall mean each individual 3D image available to be downloaded via the Site. For purpose of these License Terms, 3D Image(s) will be included in the definition of 3D Product Catalog.
“Site” shall mean lowesopenbuilder.com, and any other websites or platforms operated by Lowe’s which offers a License to the 3D Product Catalog.
“Metaverse Project” means your production, program, or Metaverse Project in which you upload and/or display all or part of the 3D Product Catalog that you license under these License Terms.
“License” means the limited licensing rights granted under these License Terms.
By downloading or using the 3D Product Catalog you accept the License set forth in these License Terms.
As a condition of your use of the 3D Product Catalog, you represent and warrant to us that you will not use the 3D Product Catalog for any purpose that is unlawful or prohibited by these License Terms or our policies as posted on the 3D Product Catalog or as given to you in writing.
You may not use the 3D Product Catalog in any manner that could damage, disable, overburden, or impair our server, or the network(s) connected to our server, or interfere with any other party's use and enjoyment of the 3D Product Catalog. You may not attempt to gain unauthorized access to the 3D Product Catalog, computer systems or networks connected to any of our servers or to the 3D Product Catalog, through hacking, password mining or any other means. You may not obtain, or attempt to obtain, any materials or information through any means not intentionally made available through the 3D Product Catalog. You may not use the 3D Product Catalog in a way that infringes rights of any third parties, including willfully harming a person or entity, including us, or any of our affiliates. You may not commercially distribute, publish, license, or sell any products, information or services obtained from the 3D Product Catalog. THE COPYING OR REPRODUCTION OF THE 3D PRODUCT CATALOG SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
We may at any time (i) modify or discontinue any part of the 3D Product Catalog; or (ii) modify or introduce different opportunities to some or all the 3D Product Catalog users.
In addition to the limitations of liability of these Terms and Conditions, We expressly disclaim any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement. We assume no liability for any inability to purchase, access, download or use any content, data or service in connection with the Site and/or 3D Product Catalog. WE EXCLUDE, AND SHALL NOT BE LIABLE FOR, ANY LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF USING, ACCESSING, OR PURCHASING SERVICES AND/OR PRODUCTS FROM THE SITE AND/OR 3D PRODUCT CATALOG. UNLESS THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OUR ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
As a condition of the use of the 3D Product Catalog, you agree to defend, indemnify and hold us harmless from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms and Conditions, or other unauthorized use of the 3D Product Catalog, as set forth herein.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY/INDEMNIFICATION” LANGUAGE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO UNCONDITIONALLY RELEASE AND DISCHARGE US FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY INCLUDING, BUT NOT LIMITED TO FOR PERSONAL INJURY, PROPERTY DAMAGE, DEATH, TEMPORARY OR PERMANENT DISABILITY, LOSS OF SERVICES, LOSS OF CONSORTIUM OR LOSS OF PRIVACY.
Effective as of: June, 2022