Marus Holding Limited (hereinafter - “we”, "our", “us”, “Marus Holding”) is a Hong-Kong company that operates the service “3dsky” that allows authors of 3D models to share their works and sell them to customers who wish to buy access to 3D models via the Service.
1.1 For the purposes of this Agreement, the following definitions shall be used:
1.1.2 “Customer”, “You” is an individual who has reached the age of 16 (sixteen) years wishing to create its own 3dsky Account or has already created it in order to use the Service under this Agreement and was assigned “Сustomer” status pursuant to this Agreement.
1.1.5 “Registration” is the successful filling of the registration form by the Customer that enables to create Customer’s 3dsky Account.
1.1.6 “Account” is the personal section of the Website to which the Customer gets access after registration and/or log in to the Website, that contains set of data relating to the Customer including its personal data and the internal information of the Service relating to the Сustomer that enables Customer to use the Service.
1.1.7 “Website” is the website hosted in domain 3dsky.org . The Website contains a database of 3D Models, textures, materials and scripts (hereinafter - the “Database”) available for Customers. A 3d Model (hereinafter - the “Model”) is a separate item of the Database and a copyright object.
1.1.8 “Service” (Services) is a set of Website’s features provided to the Customer by us upon its acceptance of the Agreement in order to cater Customer’s needs. For example, such features may include options to download and upload Models, post Content, browse through Models and view the information related to them,etc.
1.1.9 “Content” is Customers’ comments and other posts relating to the Website topics, including pictures taken by Customers and materials of other nature approved by the Website’s administrator which have been posted by Customers on the Website and are available for an unlimited number of the Website visitors.
126.96.36.199 The FREE category contains the Models that can be downloaded by each Customer for free, provided that the conditions hereunder for such downloading are met by the Customer.
188.8.131.52 The OM (Official 3d Model) category contains the Models, textures or materials created by a furniture manufacturer (light, plumbing, etc.) for free distribution and free download.
184.108.40.206 The LT category contains Models the quality of which is similar to the PRO Models, but are simpler to create.
1.1.11 “Derivative work” is a new, original product that includes aspects of a preexisting, already copyrighted work. For example, Derivative work can be created with the use of the Models. Therefore Derivative work is a work that incorporates the Model as well as other things, so that it is larger in scope and different in nature than the Model.
1.1.12 “Applicable law” is the law of England and Wales. Therefore, this law governs this Agreement.
1.1.13 “Status” is the status of the Customer’s Account that is assigned by us depending on how You use our Services. There are the following Statuses: “Customer”, “Author” and “PRO-Author”. The Statuses are defined in more detail in the “Statuses” Section below.
1.1.14 “Spam” is the Content that consists of any advertisements that are unauthorised by us, links to malicious websites, and any abusive or otherwise unwanted information.
1.1.15 “Flood” is the Content that doesn’t relate to the topics of the Website sections where they have been posted as well as empty and meaningless, obscene posts or those which only aim to upgrade the Сustomer’s rating.
1.2 The Agreement can contain definitions which are not stipulated by section 1.1. In this case such definitions shall be construed according to the text of the Agreement, Applicable law, scientific doctrine and business practice.
2. SUBJECT MATTER OF THE AGREEMENT
2.1 We provide the use of the Service to Customer, namely:
2.1.1 browsing, searching and viewing of the Models and information related to them;
2.1.2 viewing of the Content posted on the Website;
2.1.3 registration and/or log in to the Website;
2.1.4 posting and display on the Website of any Content including but not limited to, texts, hyperlinks, images, audio and video files, data and/or other information;
2.1.5 granting access to the Models, downloading these Models, obtaining licenses to use the downloaded Models;
2.1.6 uploading of the Models to the Website’s Database and granting licenses to use them;
2.1.7 other use of the Service functionalities.
2.2 We improve and update the Service, add functionality to it.
2.3 The Customer agrees to use the Service under this Agreement.
2.4 The Customer acknowledges that the Website and the Service are complex results of intellectual (creative) activity and are provided by us on an “as is” basis.
2.5 Marus Holding and the Customer agree that the Website and the Service are complex intellectual property assets and that posted Content shall become an integral part of these assets. The Customer therefore acknowledges that we entirely possess exclusive copyright to this compound (complex) assets that include the Customers’ and other Website visitors’ Content.
3. ACCEPTANCE OF OFFER AND EFFECTIVE PERIOD OF THE AGREEMENT
3.3 This Agreement between the Customer and us shall be deemed concluded and effective from the moment of the Customer’s Registration on the Website and acceptance of this Agreement. This Agreement is valid for the duration of the Customer’s use of the Service.
3.4 The Customer is bound to accept provisions of the amended Agreement for further operation of it’s Account. The Customer has the right not to accept the amended Agreement after our notification of the Customer of a change made to the Agreement which will be followed by immediate deactivation of access to the Account.
4. OUR OBLIGATIONS AND RIGHTS
4.1 Marus Holding shall provide normal and uninterrupted operation of the Website and carry out its maintenance and updating in order to ensure the Сustomer’s access to the Service and its normal use.
4.3 We have the right to modify the Website, change its design, add new Services, stop providing Services in any way at our sole discretion without the Customer's prior consent and also suspend access to the Website during the performance of such works.
4.4 We have the right to promote the Website and the Service, post advertising materials on any page of the Website including, but not limited to, contextual advertising, banners, online video, animation and advertising commercials.
4.5 We have the right to assign the Statuses to the Customers pursuant to this Agreement.
4.6 In case of the Customer’s breach of this Agreement, we have the right to send such Customer a warning and unilaterally, without judicial procedures repudiate in whole or in part the Agreement concluded with such Customer, including to suspend such Customer’s access to the Website and Services, delete its Account and/or Content, change the Customer’s Account Status assigned earlier or refuse to assign the Status to such Customer.
4.7 We have the right to amend this Agreement unilaterally at our sole discretion and without prior Customer notification by making an updated text of the Agreement available on: https://3dsky.org/faq/115/show
4.8 We have the right to monitor, change and edit the Content at our sole discretion, including, but not limited to, deletion of obscene words and correction of mistakes, without the Customer’s prior consent.
4.9 We can limit access to any kind of information that the Website contains at our sole discretion.
4.10 We have the right to authorise the Customers at our sole discretion to post advertisements on the Website, copy and use on other websites Content and other information that our Website contains.
4.11 We have the right to change the Service prices at our sole discretion without prior notice of the Customer.
4.12 We have the right at any time at our sole discretion to request Customer’s documents and other information in order to verify its identity. We verify Customers’ identities in order to prevent and detect improper use of the Models. The documents and other information that we can request can include, but not limited to, identity document, such as a national passport or a travel document issued by the authorities of the Customer’s country of residence, Customer’s portfolio or website and etc.
5. CUSTOMER'S RIGHTS AND OBLIGATIONS
5.1 The Customer has the right to use the Website and the Service under this Agreement.
5.2 Each Customer has the right to download and use hereunder in total 3 (three) Models from the FREE or OM categories per 24-hour period.
5.3 Each Customer has the right to buy the subscription, that allows to download and use in total 30 (thirty) Models from the FREE or OM categories per 24-hour period during 1 (one) month, so the total limit of the Models downloads per month is 900 (hereinafter - the “Expanded subscription”).
5.4 The Customer has the right to use and download hereunder the Models from the LT and PRO categories , provided that it paid the fees pursuant to this Agreement.
5.5 The Customer has the right to be granted the Statuses under this Agreement, that will result in gaining access to the Website and Service functionalities related to each Status.
5.6 The Customer has the right to introduce its wishes, suggestions, questions and claims to us in relation to the Website and Service operation as well as in other cases when rapid communication with a our specialists is necessary under this Agreement.
5.7 The Customer has the right to request us for authorization to post advertisements on the Website.
5.8 The Customer has the right to request us for authorization to copy and use on other websites the Content and other information that our Website contains.
5.9 The Customer has the right to get a refund pursuant to the provisions of Applicable law and this Agreement.
5.10 The Customer has the right to post the Content, provided that this Content:
5.10.1 complies with the Applicable law;
5.10.2 does not comprise violence, obscenities, insults, harm, threatens, slander, false information or pornography;
5.10.3 does not undermine other persons’ honour, dignity or reputation, does not comprise unfounded suggestions against third persons, unverified facts and any mentions of such persons that can impair demand for their services and works;
5.10.4 does not stoke racial, religious, national, ethniс or social tensions;
5.10.5 does not comprise any intellectual property rights (copyright, related rights, patent rights, know-how rights, trademark rights, etc.) infringements and does not copy any other Customers’ Content;
5.10.6 does not violate rights of minors, their guardians and representatives;
5.10.7 does not comprise any information that shall be confidential pursuant to Applicable law and/or any contractual obligations;
5.10.8 does not contain any viruses or malware;
5.10.9 does not contain any advertisement that is not expressly authorized by Marus Holding;
5.10.10 does not comprise any Spam and Flood.
5.11 The Customer is liable for the compliance of the Content with the Applicable law.
5.12 The Customer shall not copy or borrow the Content from other Web resources, mass media and other information sources without explicit consent of its owner and post it on the Website.
5.13 If Your rights or interests have been violated by another Customer’s Content you have the right to apply to us with a request for taking actions. Therefore, You should provide us with a written notice that contains details of the violation and hyperlink to such Content.
6. THE STATUSES
6.1 The “Customer” Status is assigned to a person’s Account after this person successfully completes the Registration and accepts this Agreement. Therefore, such person has rights and obligations pursuant to this Agreement.
7. THE LICENSE TO USE THE MODELS
7.1 When You, as a Customer, download a Model from the Website Database for free or following a successful payment of an applicable license fee for the Model, Marus Holding grants You a non-exclusive, personal, non-transferable, worldwide and revocable license (hereinafter - the “License”) and the rights to:
7.1.1 make one or more copies of the Model and to record and store it on the electronic media (right to reproduce);
7.1.2 display the Model in public (right for the public display);
7.1.3 modify or alter the Model subject to this Agreement (right for modification);
7.1.4 use the downloaded Model to create Derivative works pursuant to this Agreement.
7.2 We do not grant title or ownership in the Models. Therefore, by downloading a Model You're not actually acquiring ownership of the Model itself, only the License to use that Model.
7.3 Certain Models with third party copyrighted or trademarked images, logos, brand names, etc., may require additional licensing, rights, permissions, releases, or clearance for use. It is Your sole responsibility to determine, before downloading or using any Model, whether additional licensing, rights, permissions, releases, or clearance are necessary for Your intended use of the Model. It is Your sole responsibility to obtain any licensing, rights, permissions, or clearance.
7.4 All rights in Models not expressly granted in this Agreement are reserved by Marus Holding for itself and its licensors (the Authors).
7.5 When You use downloaded Models You shall adhere to the following restrictions:
7.5.1 Modification of a Model doesn’t turn it into a separate Derivative work. Therefore, a modified copy of a Model still remains a Model that is licensed to You by us and licensed to us by the Author.
7.5.2 Compilation of several Models into one 3D model shall not be considered as a creation of a Derivative work because it is not larger in scope and is not different in nature than the Model. Therefore, such composite 3D model shall be deemed a modified copy of the Model or several Models.
7.5.3 The Model shall not be sold, given, or assigned to another person or entity in the form it is downloaded from the Website Database, or in any other form that does not constitute the Derivative work, including, but not limited to, the modified Model.
7.5.4 The Customer shall take all reasonable and industry standard measures to prevent third parties from gaining access to its downloaded Models that are incorporated to any digital Derivative work. You shall use proprietary formats so that the Models cannot be opened or imported in a publicly available software application or framework, or extracted without reverse engineering. Therefore, the Models shall not be incorporated in Derivative works that have the general functionality for importing and/or exporting the Models. For example, the Models shall not be included as a starter library within a Derivative work that allows its users to generally work with 3D models, even if the Models are protected in one way or another and cannot be exported.
7.5.5 The Models shall not be published, distributed, or made available through any online clearinghouse infrastructure in the form they are downloaded from the Website Database, or in any other form that does not constitute the Derivative work, including, but not limited to, the modified Model.
7.5.6 The Models shall not be used for any defamatory, harassing, pornographic, obscene, or racist purpose, or to infringe any party’s intellectual property rights.
7.5.7 The Models shall not be used for creation of a trademark, servicemark, or business logo.
7.5.8 You shall not misrepresent Yourself as the creator of the Model(s).
7.6 The Customer shall ensure that its use of the Models does not contravene the requirements of the Applicable law and does not infringe intellectual property rights of third persons including, but not limited to, copyright and related rights, rights to trademarks, service marks and appellations of origin of goods, patent rights to inventions, utility models and industrial samples, right to use images of people both living and deceased.
7.7 This License is effective during the Effective period of the Agreement. The termination of this Agreement results in revocation of this License.
7.8 If Your License is revoked, you shall immediately cease the use of and delete all the downloaded Models and all their copies that you have made.
7.9 A breach of this Agreement immediately terminates your right and License to use the Models.
7.10 You are liable to the Authors of the Models for any breach of the terms and conditions of this License.
8. PRICES AND PAYMENTS
8.1 The price for access to the Expanded subscription for a (1) one month period is equal to 18.00 USD.
8.2 The minimal duration of the Expanded subscription that can be ordered is (1) one month. The maximum duration of the Expanded subscription that can be ordered is (12) twelve months.
8.3 The price for access to the downloading of the Models from the PRO and LT categories is equal to 7.00 USD per access to downloading of one such Model.
8.4 The minimum order is the access to 2 Models from the PRO and LT categories. The maximum order is the access to 200 Models from the PRO and LT categories.
8.5 The price includes the cost of our Services to You and the license fee for the right to use the Models.
8.6 The Customer shall pay for the Services by an advanced payment in the amount of 100% of the price for the Services.
8.7 All payments under this Agreement are deemed effective after they have been transferred to our business account or via the payment systems mentioned on the Website.
8.8 The Customer shall be considered as having performed its payment obligations from the date when a payment is debited from its account.
8.9 The final prices and fees are inclusive of transactional taxes where relevant (like VAT and GST)
9. TERMINATION OF THE AGREEMENT
9.1 This Agreement can be terminated wholly or partially by each Party unilaterally at any time. The Party that wishes to terminate the Agreement should notify the other Party via email. Therefore, the Agreement terminates only upon such notice.
9.2 The Customer will be entitled to a prorated refund of any fee paid for the remaining Subscription Period.
9.3 The termination of the Agreement results in suspension of our Services, as well as the access to downloading of the Models and revocation of the License.
10. PARTIES’ LIABILITY
10.1 Our Services, the Website and the Models are made available to You on an “AS IS” basis. Therefore, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.
10.2 The developers of the Website Software and Marus Holding are not liable for any consequences of the Website and the Service operation and for their meeting of the Customers’ expectations and requirements.
10.3 We shall not be liable for any misrepresentation, modification and illusion of the Content display on the Website even though it caused a negative judgment against the Customer.
10.4 We shall not be liable for non-performance or improper performance of our obligations due to failures in the telecommunications and energy networks, actions of malicious programs, removal and/or failure of the software/hardware systems of Marus Holding, as well as unfair actions of third persons to obtain unauthorized access, and other circumstances beyond our reasonable control.
10.5 The Website content is informational only. We shall not be liable for inaccurate data and for possible losses which can be caused by using information from the Website.
10.6 We are totally separated from the Content and Models, therefore we shall not be liable for the nature, authentication and safety of such Content and Models or their components as well as for their compliance with the requirements of the Applicable law and the Customers’ and/or Authors` rights for the distribution and/or use thereof.
10.7 If we are found liable for the Customer’s violation of the rights and/or interests of third persons as well as other provisions of law, the Customer shall fully reimburse the losses suffered by Marus Holding in connection with such violation.
10.8 The Customer acknowledges that any breach of this Agreement will result in irreparable harm to us. Therefore, in addition to our rights and remedies otherwise available at law, we will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs.
11.1 The Customer warrants and represents that all the provisions of this Agreement are clear to it and accepts them unconditionally and to the full extent.
11.2 This Agreement constitutes the entire agreement and understanding between the Customer and Marus Holding relating to the Customer’s use of our Website and Services.
11.3 One user shall have only one Account, therefore, user’s additional Accounts can be deleted.
11.4 If, for whatever reason, one or more provisions of this Agreement are invalid or unenforceable, such circumstance shall have no effect on the validity or enforceability of the remaining provisions of this Agreement.
11.5 Parties’ rights and obligations pursuant to this Contract can be transferred to Parties’ lawful inheritors and successors.
11.6 Questions, discord or claims not regulated by this Agreement are governed by the Applicable law.
11.7 Our details:
Marus Holding Limited
Company number: 2771348, registered in Hong-Kong
FLAT/RM 5 17/F
50 BONHAM STRAND