Terms

1. Subject

These terms of use and sale govern the use, by the User, of the Platform, the Website, Software and 3D models database (all as defined hereinafter) provided by FVDB Group (hereinafter “FVDB Group” or “Service Provider”).

FVDB Group provides a platform through which architectural (interior) designs can be converted into a 3D visualization model (hereinafter referred to as the “Software”), and includes a digital database of several 3D models (e.g. furniture, bricks, floors, etc.) which can be implemented in the final 3D visualization model (hereinafter jointly referred to as the “Platform”).

The Platform is made available to the users through the website Rockit 3D (https://www.rockit3d.com) (hereinafter referred to as the “Website”).

2. Terms of use

The contractual partner for all orders of the services within the scope of the Platform and/or the Website is FVDB Group. All deliveries for services from FVDB Group to the User are carried out based on these terms of use and sale.

BY CHECKING THE BOX STATING THAT YOU HAVE READ AND AGREE TO THE TERMS OF USE AND SALE OF THE PLATFORM AND THE WEBSITE AS PART OF YOUR REGISTRATION WITH FVDB GROUP, YOU AGREE AND CONSENT TO BE BOUND BY THESE TERMS FOR AS LONG AS YOU USE THE PLATFORM AND THE WEBSITE OF FVDB GROUP AND THE SERVICES.

These terms of use and sale constitute a legally binding agreement between FVDB Group and the User. They exempt FVDB Group and other relevant persons from liability or limits their liability. The terms of use and sale also contain other important provisions that the User must read.

FVDB Group may, in its sole discretion, change, supplement or amend these terms of use and sale as they relate to the User’s future use of the Platform, the Website as well as the services  (including the Software and the 3D models database) and it may do so from time to time, for any reason, and without any prior notice or liability towards the User or any other person. The User is not permitted to change, supplement, or amend these terms of use and sale in any manner.

Each time the User accesses and uses the Platform, the Website and the services (including the Software and the 3D models database), the User confirms its explicit consent with the terms of use and sale as they will govern his/her access and use. Accordingly, when the User accesses and uses the Platform, the Website and the services (including the Software and the 3D models database) he/she should check the date of these terms of use and sale (which appears at the top of these terms of use and sale) and review any changes since the last version.

The User represents and warrants that he/she has the legal authority and capacity under the applicable law to agree to and accept these terms of use and sale on behalf of him/herself and all persons he/she represents. If the User does not agree with each provision of these terms of use and sale, or he/she is not authorized to agree to and accept the terms of use and sale, he/she must immediately cease his/her access and use of the Platform, the Website, Software and the 3D models database.

In addition to any other rights or remedies granted by FVDB Group under or otherwise in connection with these terms of use and sale, the User agrees and acknowledges that he/she has read and agrees to comply with the following other policies of FVDB Group which are hereby incorporated by reference into, and integrally made a part of these terms of use and sale:

  • Privacy Policy of FVDB Group
  • Cookie Policy of FVDB Group

The User also agrees that FVDB Group provides all legal communications and notices electronically by sending an e-mail to the e-mail address the User provided to FVDB Group when registering through the Website. The User can withdraw his consent to receive communications electronically by contacting FVDB Group. However, if the User withdraws his consent to receive communications electronically, he must discontinue his/her use of his/her account.

 

  1. Access/use and ownership of the Platform – Website – Software – 3D models database

In order to gain access to and use the Platform, a User must register through the Website (by means of registration with your Twitter, Facebook, Google+, or LinkedIn account or by choosing an e-mail address and a password).

This will result in an account, of which login credentials are strictly personal and cannot be shared with other persons. Every User is solely responsible for protecting its password and controlling access to and through its registered account. If login credentials are used by another person than the User, FVDB Group shall treat that user as if it were the User him-/herself.

Once registered, the User is granted permission to access and use the Platform, the Website, Software and the 3D models database for the following purposes:

  • Download and copy content as provided by FVDB Group on the Platform;
  • Use the Software tools (including the 3D models database) provided by FVDB Group within the scope of these terms of use and sale.

The Platform, the Website account and content, whether or not adapted, and the services (including the Software and 3D models database), may be used by the User for professional use (being within the scope of his activities) and purposes only. However, the User is not allowed to commercialize the Platform, Website, Software and/or the 3D models database without the prior consent of FVDB Group  The content, whether or not adapted, is not accessible for and may not be made accessible to other users.

No other use of the Platform, the Website, Software and/or 3D models database is authorized or permitted.

The User agrees to use the Platform, the Website and the services (including the Software and 3D models database) in a responsible manner that is in full compliance with these terms of use and sale and with applicable laws and regulations.

In using the Platform, the Website, Software and the 3D models database, the User agrees to not:

  1. upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  2. disrupt or interfere with the security of, or otherwise abuse, the Platform, the Website, Software or 3D models database, system resources, accounts, servers, or networks connected to or accessible through the Platform or Website;
  3. access, tamper with or use non-public/non – accessible areas of the Platform and/or the Website, Software and/or 3D models database. Unauthorized individuals attempting to access these areas of the Platform and/or the Website, Software and/or 3D models database may be subject to prosecution;
  4. frame or link to the Platform and/or the Website, Software and/or 3D models database or share the Platform/the Website and/or its Software and/or 3D models databasein any manner;
  5. breach any rights of any third party (such as but not limited to copyrights);
  6. upload any content or refer to any content, which are unlawful for the User to possess in the country in which the User is a resident, or which is factually inaccurate, offensive, indecent or otherwise objectionable.

The User shall be solely responsible for all content that is uploaded on the Platform by him. The User will immediately notify FVDB Group of any unauthorized uses of his account or any other breaches of security from the moment the User obtains knowledge about this unauthorized use or breach. FVDB Group shall take all reasonable steps to stop such unauthorized use and other breaches of security as from the moment FVDB Group is informed by the User.

The User shall indemnify and hold FVDB Group and its affiliates harmless from all claims and expenses, including reasonable attorney’s fees, which are based on or arise from the User’s violation of any provision of these terms of use and sale and/or any other law or regulation, including but not limited to the breach of any rights of any third party (such as but not limited to copyrights).

FVDB Group reserves the right to display advertisements on the User’s account upon receipt of its consent.

The User acknowledges that the technical processing and operation of the Platform, Software, 3D models platform and/or Website, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.

  1. Paid Services

4.1 Delivery

The services provided by FVDB Group through the Platform and/or the Website (including use of the Software and 3D models database) are purchased through the Platform via credits.

Credits can be purchased at the prices as set out on the Website which can be subscription based. In both cases, the credits are valid for one year.

A subscription entitles the User to a certain amount of credits per month. The non-used credits at the end of a month shall remain available for the current subscription period.

An account fee can be charged in case credits are purchased individually (not under a subscription formula).

The User, in the capacity of a professional customer has no right to cancel the sale.

Creation of an account always implies membership of the community.

4.2 Prices – Invoicing and Payment

Prices shall be stated in euro and are inclusive of VAT.

Exchange rate fluctuations and increases in wages, salaries, social security contributions, government-imposed levies, duties and taxes and insurance contributions shall entitle FVDB Group to increase the agreed credit fee proportionately.

Unless expressly agreed otherwise, all orders shall be entirely paid on the date of the order placement. Payment will be carried out according to the User’s choice of payment method indicated on the Website.

The following methods of payment are possible: Visa, Pay-Pal, Bancontact

All online payments are processed for FVDB Group by an external professional and specialized partner,Mollie, who controls a payment infrastructure. The online payments are executed through safety protocols. All online payments are subject to the terms and conditions of the external partner of the payment infrastructure who is the sole responsible for the correct processing of all online payments.

5. Proprietary Rights

The Platform, the Website and the services including the Software and 3D model database, is the copyrighted property of FVDB Group and/or its subsidiaries or the copyrighted property of parties from whom FVDB Group has licensed such property. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Platform, the Website, the Software, the 3D models database and/or deviating services except as expressly allowed in these terms of use and sale.

The User acknowledges and agrees that the Platform, the Website and the services as well as the Software and the 3D models database provided to the User or used in connection with the Platform contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the limited rights expressly granted in these terms of use and sale, FVDB Group reserves all right, title and interest in and to the Software, Platform, Website and 3D models database and any other intellectual property rights, materials or other properties owned, licensed or controlled by FVDB Group.

FVDB Group grants the User a non-exclusive, non-transferable, non-sublicenseable, revocable license to use the Platform, the Website, and services (including the Software and 3D models database) provided that the User agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Platform, the Website, the services, (including the software and the 3D models database) in whole or in part with the exclusion of the 3D visualization model, which shall become the sole property of the User. All rights not specifically granted to the User under these terms of use and sale are expressly reserved by FVDB Group.

The User may not place a direct link to the Platform or the Website (including the Software and 3D models database) on any website without the prior consent of FVDB Group. Any hypertext link to the Platform, the Website and the services (including the Software and 3D models database), using the framing, in-line or deep linking technique is strictly prohibited. In any event, every link to the Platform, Website and the services (including the Software and 3D models database), even when authorized by FVDB Group, must be removed from the specific website, digital or social media platform upon FVDB Group’s simple request. This paragraph is also applicable on the content uploaded by the User on the Platform or referred to by the User.

The User or the author of the uploaded content or any other entitled party is and shall remain the sole owner of the content uploaded, submitted, contributed by the User on the Platform/ the Website/Software or referred to by the User. FVDB Group shall have no obligation of any kind, nor any right with respect to such content. In using the Platform/ the Website/Software/3D models database or referring to the Platform/the Website, Software and 3D models database, the User shall make sure that he does not infringe any (intellectual property) right of any third party.

6. Disclaimer, liability, exclusion, liability limitation, release and indemnity

FVDB Group does not accept any liability for the User’s access to and use of the Platform/the Website Software and 3D models database. For that reason, the following provisions apply to the User’s access and use of and referral to the Platform/the Website/Software/3D models database.

6.1 Disclaimer

The access and use of the Platform/ the Website, the Software and the 3D models database is at the User’s risk. The Platform, Website, Software and 3D models database are provided on an “as is” and “as available” basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy or completeness, all of which are hereby disclaimed by FVDB Group and providers to the fullest extent permitted by law.

The User is solely responsible for obtaining, configuring and maintaining all computer hardware, software, telephone services, and other equipment and services necessary for him to access and use the Platform/the Website/Software/3D models database.

The internet is not a secure medium, may be subject to interruption and disruption, and inadvertent or deliberate breaches of security and privacy. The operation of the Platform/the Website, Software and/or 3D models database may be affected by numerous factors beyond FVDB Group’s control. The operation of the Platform, the Website, the Software and/or the 3D models database may not be continuous or uninterrupted, secure or private.

Without limiting the generality of the foregoing, FVDB Group and providers make no representation, warranty or condition that:

  1. the Platform, the Website, Software and 3D models database will be compatible with your computer and related equipment and software;
  2. the Platform, the Website, Software and 3D models database will be available or will function without interruption or will be free of errors or that any errors will be corrected;
  3. the Platform, the Website, Software and 3D models database will meet your requirements;
  4. certain or any results may be obtained through the use of the Platform, the Website, Software and 3D models database;
  5. the use of the Platform, the Website, Software and 3D models database will be free of viruses, trojan horses, worms or other destructive or disruptive components; or
  6. the Platform, the Website, Software and 3D models database will not infringe the rights (including intellectual property rights) of any person; and FVDB Group and providers disclaim any and all liability regarding such matters to the fullest extent permitted by law.

Notwithstanding the foregoing, FVDB Group shall try, to its best efforts, to make the Platform, the Website, Software and 3D models database available 24/7. FVDB Group withholds the right to perform maintenance, updates, upgrades, etc. to the Platform, the Website, Software and 3D models database. FVDB Group shall not be liable for possible un- or reduced availability of the Platform, the Website, Software and 3D models database due to the performance of such maintenance, updates, upgrades, etc.  In case of planned maintenance, updates, upgrades, etc. to the Platform, the Website, Software and/or 3D models database affecting the availability of the Platform/Website/Software and/or 3D models database, FVDB Group will notify the User by posting a communication on the website of FVDB Group and/or through the Platform.

FVDB Group shall take all measures, which can reasonably be deemed necessary to secure the Platform and Website, Software and 3D models database such as but not limited to the installation of anti – virus software, firewalls, spam filters, etc.

The User shall report any incident, which negatively affects the availability and use of the Platform, the Website, the Software and 3D models database to FVDB Group via launch@rockit3d.com. FVDB Group shall try, to its best efforts, to remedy such incidents as soon as possible.  FVDB Group does not give any guarantee with regard to this remedy.

Backups are made by FVDB Group on regular intervals to guarantee restore of activities whenever defects occur.  Backups will be retained for at least one day.

FVDB Group and providers and all of their respective franchisees, partners, agents, directors, officers, employees, information providers, service providers, suppliers, subcontractors, licensors and licensees, and all other related, associated, or connected persons (hereinafter the “Involved Parties”) will not be liable to the User or any other person for any loss or damages suffered by the User or any other person as a result of any failure or refusal by FVDB Group to give effect to, or for any failure or delay by FVDB Group in receiving, accessing, processing or accepting, any communication sent to FVDB Group by whatever means, or for any loss or damages suffered as a result of the operational failure, malfunction, interruption, change, amendment or withdrawal of the Platform, the Website, Software and the 3D models database and/or email services.

FVDB Group does not review the content posted or uploaded or referred to by the User on the Platform/Website/Software. As such, measurements, dimensions, surfaces, etc. will not be verified.  FVDB Group shall have no responsibility for any damages suffered by the User and/or any other person in connection with the  Platform, the Website, Software and 3D models database and/or the referral to any content generated by or through the Platform/Software/Website/3D models database. The use and/or referral to the Platform, the Website, Software and/or 3D models database, including all content, uploaded and/or adapted by the User, is at the User’s sole risk. The User will be solely responsible for any damage to his/her business, computer system or loss of data that results from the use of the Platform, the Website, Software and/or 3D models database , including the content, uploaded and/or adapted by him/her.

The User acknowledges that FVDB Group does not control in any respect any information, products, or services offered by third parties on or through the Platform/Website.

Except as otherwise agreed in writing, FVDB Group and the Involved Parties assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of the Website, the Platform, Software and/or 3D models database made available by FVDB Group and/or by third parties through the Platform/the Website and 3D models database. As such, FVDB Group does not provide any warranty with regard to real life measures, colors etc. of the models that have been uploaded in the 3D models database.

No advice or information, whether oral or written, obtained by the User from FVDB Group shall create any warranty not expressly stated in these terms of use and sale.

6.2 Liability exclusion

FVDB Group cannot be held liable for any breach of any right of any third party, including but not limited to any intellectual property rights, nor for any damages incurred by any third party, due to/following the use of and/or referral of other users to the Platform, the Website and/or the 3D models database by the User and/or the use of the Software, whether or not this use is in accordance with the provisions of these terms of use and sale.

Without prejudice to the foregoing paragraph and to the fullest extent permitted by law, nor FVDB Group nor the Involved Parties, will under any circumstances (unless in case of gross negligence or willful misconduct) be liable to the User or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, incidental, indirect or consequential loss or damage or exemplary or punitive damages, whether in contract, tort, negligence, strict liability, or under any other theory of law or equity, arising from, connected with, or relating to the use of and/or referral of other users to the Platform, the Website and/or the 3D models database and/or the use of the Software by the User or any other person, and regardless of any negligence or other fault or wrongdoing by FVDB Group or any of the Involved Parties or any person for whom FVDB Group or one of the Involved Parties may be responsible, and notwithstanding that FVDB Group and/or one of the Involved Parties may have been advised of the possibility of such loss or damages being incurred by the User or any other person.

6.3 Complaints

FVDB Group informs the User of any unavailabilities of the Platform, Website and/or Software and/or 3D models database as soon as possible by sending an e-mail to the e-mail address the User has provided by registering or by posting a message on the Platform and/or Website.

Any complaint of the User regarding the access to or use of the Platform, Website and the services (including the Software and 3D models database) delivered by FVDB Group can be submitted to FVDB Group by sending an e-mail to launch@rockit3d.com. Complaints must be submitted by the User without delay, in their entirety and clearly defined.

A reply to complaints submitted to FVDB Group will be provided within a reasonable period of time taking into account the urgency of the request. However FVDB Group does not give any guarantee with regard to the response or solution of a bug or defect.

6.4 Release

The User hereby releases, remises and forever discharges each of FVDB Group and the Involved Parties from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, now or hereafter, from, relating to, or in connection with his/her access and use of and/or referral of other users to the Platform, the Website, the 3D models database and/or the use of the Software.

6.5 Indemnity

The User shall indemnify, defend and hold harmless each of FVDB Group and the Involved Parties from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by FVDB Group and/or the Involved Parties in connection with any claim or demand arising out of, related to, or connected with the User’s use of and/or the referral of other users to the Platform, the Website and/or the 3D models database and/or the use of the Software or  the User’s breach of these terms of use and sale. The User will assist and cooperate as fully as reasonably required by FVDB Group and/or the Involved Parties in the defense of any claim or demand. Advice and information provided by FVDB Group and the Involved Parties or their respective representatives, whether oral or written, will not create any representation, warranty or condition or vary or amend these terms of use and sale, including the above disclaimer, liability exclusion, liability limitation, release and indemnity provisions, and the User may not rely upon any such advice or information.

7. Term and termination of these terms of use and sale and the Platform/ the Website

These terms of use and sale are concluded for an indefinite duration, starting as from the date of registration by the User. In case the User entered into a subscription these terms of use and sale will apply for the duration of the subscription being one (1) year, starting as from the date of registration by the User. In this case, the subscription will be automatically renewed for consecutive periods of one year unless the subscription is terminated at least three (3) months before the end date of the then current subscription period.

FVDB Group and the User may terminate these terms of use and sale at any time. Termination of these terms of use and sale will not give a User any right on any reimbursement, refund, compensation or indemnity of any kind by FVDB Group or the Involved Parties for ordered and/or rendered services (including the Software and 3D models database) unless if stated otherwise in these terms of use and sale.

FVDB Group may, at any time and for any reason and in its sole discretion: (a) change, suspend or terminate, temporarily or permanently, the Platform, the Website, Software and/or 3D models database or any part of it; or (b) restrict, suspend or terminate (in whole or in part) the User’s account, password, permission to access and use of the Platform, the Website 3D models database and/or the Software and remove and discard any content the User may have contributed to the Platform/the Website/Software; all without any notice or liability to the User or any other person.

The User can terminate these terms of use and sale by ticking the box via the Platform/Website. The User acknowledges that any termination of his access to or use of the Platform, the Website, 3D models database and its Software under any provision of these terms of use and sale may be affected with prior notice, and acknowledges and agrees that FVDB Group may immediately deactivate or delete his account and all related information and files in that account and all content and/or or bar any further access to (such files of) the Platform, the Website, 3D models database and/or its Software, unless otherwise agreed upon between the Parties. However, after termination of these terms of use and sale the User will still be able to request access to the content which the User has uploaded on the Platform/Website during a period of three (3) months as from the termination date. After this three (3) month period all content will be permanently deleted by FVDB Group.

If these terms of use and sale or the User’s permission to access and/or use of the Platform, the Website, 3D models platform and/or use the Software  is terminated whether by the User, or by a person he/she represents, or by FVDB Group, then: (a) these terms of use and sale and all other then existing agreements between FVDB Group and any persons the User represents will continue to apply and be binding upon the User and any persons he represents, jointly and severally; and (b) FVDB Group may continue to use and disclose the User’s personal information in accordance with the Privacy Policy as amended from time to time.

8. Miscellaneous Matters

8.1 Governing Law – Dispute Resolution

All issues, questions and disputes concerning the validity, interpretation, enforcement, performance or termination of these terms of use and sale shall be governed by and construed in accordance with Belgian law, without giving effect to any other choice of law or conflict-of-laws rules or provisions (Belgian, foreign or international) that would cause the laws of any jurisdiction other than Belgium to be applicable.

Any controversy or claim arising out of or relating to these terms of use and sale or the breach thereof shall be submitted to the sole jurisdiction of the Courts of the registered office of FVDB Group.

8.2 English is Governing Language

This Service Agreement is in English and all disputes between the parties shall be resolved in English, with exception for disputes before Belgian courts or if otherwise agreed upon between the Parties. The User understands and acknowledges that any foreign language services provided by FVDB Group are for informational purposes only and it is his/her obligation to obtain independent legal advice at his/her own expense to ensure he/she understands the terms of these terms of use and sale.

8.3 Our Relationship

These terms of use and sale do not create any relationship of principal and agent, partners, joint ventures, employer and employee, fiduciary or similar relationship between the parties. The User is not authorized to make any promise, warranty or representation on behalf of FVDB Group or obligate or attempt to obligate FVDB Group in any manner whatsoever. The User shall not represent to any person that he/she is an agent of FVDB Group, nor fail to correct any misunderstanding as to such status.

8.4 Assignment

FVDB Group may freely assign or transfer any or all of the rights and obligations described under these terms of use and sale without the User’s consent and without notifying the User. The User may not assign these terms of use and sale or any of his/her rights and duties hereunder without the prior written consent of FVDB Group. These terms of use and sale shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assignees.

8.5 Severability

If any provision of these terms of use and sale is declared or determined by any court to be unenforceable or invalid: (i) the validity of the remaining parts, terms or provisions shall not be affected by that determination; (ii) the unenforceable or invalid part, term or provision shall not be deemed to be part of these terms of use and sale; and (iii) such court may substitute a provision that is legal and enforceable and is as closely as possible consistent with the intentions underlying the original provision. If the remainder of these terms of use and sale is not materially affected by such declaration or finding and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by applicable law.

8.6 Publicity

The User shall not issue or make any publicity release (including press releases and advertising of services rendered by FVDB Group) or other public statement: (i) relating to these terms of use and sale; (ii) using FVDB Group name or referencing to FVDB Group or its services for any other purpose than for promoting the Platform, the Website, the Software and the 3D models database; or (iii) suggesting or implying any endorsement by FVDB Group without the prior written approval of FVDB Group, which FVDB Group may withhold at its sole discretion.

8.7 Entire Agreement – Amendment

These terms of use and sale constitute the complete and exclusive agreement between the parties relating to the subject matter hereof. It supersedes all prior proposals, understandings and all other agreements, oral and written, between the parties relating to this subject matter.

8.8 Waiver

The waiver or failure by FVDB Group to exercise any right provided for herein will not be deemed a waiver of any further right hereunder. The rights and remedies of FVDB Group set forth in these terms for use and sale are cumulative and are in addition to any rights or remedies FVDB Group may otherwise have at law or equity, except with respect to any sole and exclusive remedies expressly provided for herein.

8.9 Force Majeure

FVDB Group shall not be responsible for (non-limitative list) delays or failures in performance resulting from strikes, lockouts, riots, acts of war and terrorism, embargoes, boycotts, changes in governmental regulations, epidemics, fire, communication line failures, power failures, earthquakes, other disasters or any other reason where failure to perform is beyond the control of, and not caused by, FVDB Group.

8.10 Notices

Except as otherwise expressly provided herein, any notice, request, approval, authorization, consent, demand or other communication required or permitted to be given or made pursuant to these terms for use and sale shall be in writing and shall be deemed given on the earliest of: (i) actual receipt, irrespective of the method of delivery; (ii) the time of transmission from FVDB Group if sent via email, as date stamped by FVDB Group systems; (iii) on the delivery day following dispatch if sent by express mail (or similar next day air courier service); or (iv) on the third (3rd) day after mailing by registered or certified mail, return receipt requested, postage prepaid and addressed to the last address provided by a party.

8.11 Headings/Interpretation

The table of contents and the descriptive headings are for convenience only and shall not control or affect the meaning or construction of any provision of these terms of use and sale.