This document is the official public offer addressed to an indefinite scope of persons for the purpose of entering into an agreement under the terms and conditions stipulated below.
By purchasing licenses for our 3D models, you can:
● recreate our 3D models materially, for example, to design equipment from our 3D model;
● apply images of our 3D models to any media, such as T-shirts, posters, banners, etc.;
● sell or donate materially recreated copies of our 3D models, such as manufactured equipment, or media with images of our 3D models, such as T-shirts;
● rent or lease (loan) materially recreated copies of our 3D models, for example, constructed equipment but not media containing electronic files or images of our 3D models;
● publicly demonstrate materially recreated copies of our 3D models or images with them in the form of any advertising;
● to import materially recreated copies of our 3D models or any media with images of our 3D models through the customs border of the countries;
● use our 3D models or their two-dimensional images on television, either as part of any TV programs or separately;
● use our 3D models or their 2D images as part of films, promotional videos, theatrical performances or computer games;
● post only 2D images of our 3D models on the Internet, for example, as online advertisements for products or our portfolios;
● to create objects of architecture or any kind of urban planning projects using our 3D models;
● create your works in a two-dimensional final form using 3D models, for example, interior design renders, as well as conclude licensing agreements for the created work;
● make any changes to our 3D models without creating a new 3D model;
● use 3D models anonymously, for example, without mentioning the names of their authors.
It is strictly prohibited to:
● conclude licensing (sub-licensing) agreements with third parties regarding our 3D models;
● sell or donate electronic media containing our 3D models, such as flash drives or hard drives;
● rent out or free rent (loan) with our 3D models, such as flash drives or hard drives;
● upload the 3D models themselves in their original form on the Internet;
● include 3D models in any databases, catalogues;
● create your 3D models based on our 3D models.
A designer or a person of a similar profession can distribute its result of rework ONLY if the created works were in a two-dimensional final form. Rework involves making your creative input.
Otherwise, we prohibit distributing our 3D model without making our creative input for its further commercial use in the ways mentioned in the Agreement (clause 7.1), for example, use by your customer. Your customers will have to independently purchase a license for a 3D model from us if they want to use it in any commercial way as part of the result of your work in its original form or a three-dimensional plane.
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.
1.4. “ Registration ” is the successful filling of the registration form by the Customer that enables to create Customer’s 3dsky Account.
1.5. “ 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.
1.6. “ 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.
1.7. “ 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.
1.8. “ 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.
1.9.1. 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.
1.9.2. 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.
1.9.4. The LT category contains Models the quality of which is similar to the PRO Models, but are simpler to create.
1.10. “ 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.
1.11. “ Applicable law ” is the law of England and Wales. Therefore, this law governs this Agreement.
1.12. “ 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” and “Author”. The Statuses are defined in more detail in the “Statuses” Section below.
1.13. “ 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.
1.14. “ 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.
1.15. The Agreement may contain concepts not defined above, in this case such concepts will be interpreted in accordance with the text of the Agreement, Applicable law, scientific doctrine and business practice.
2. SUBJECT MATTER OF THE AGREEMENT
2.1. This agreement is an open license within the meaning of Applicable Law. Subject to this Agreement, 3DWORLD grants a non-exclusive license to Customer for the Model under the terms of this Agreement, and Customer pays for the corresponding license obtained from 3DWORLD.
2.2. Along with the provision of licenses, 3DWORLD provides the Customer with the use of the following Service:
2.2.1. browsing, searching and viewing of the Models and information related to them;
2.2.2. viewing of the Content posted on the Website;
2.2.3. registration and/or log in to the Website;
2.2.4. 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;
2.2.5. granting access to the Models, downloading these Models, obtaining licenses to use the downloaded Models;
2.2.6. uploading of the Models to the Website’s Database and granting licenses to use them;
2.2.7. other use of the Service functionalities.
2.3. We improve and update the Service, add functionality to it.
2.4. The Customer agrees to use the Service under this Agreement.
2.5. 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.
2.6. 3DWORLD 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. This Agreement may be changed by 3DWORLD in the following order: 3DWORLD publishes changes to the terms of the Agreement by posting a new version of the Agreement on the Website. If the Customer does not express his will to disagree with the changes to the Agreement within 10 (ten) days (for example, by writing a message to the Website support service), the Agreement is considered to be accepted by the Customer in the new edition. You have the right not to accept the amended Agreement upon our notification of such change by posting the new version of the Agreement on the Website, and such non-acceptance will lead to the immediate termination of the Customer's rights and obligations, including the rights to use the Models. The remuneration ever paid by the Customer for the use of the Models is non-refundable.
4. OUR OBLIGATIONS AND RIGHTS
4.1. 3DWORLD 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 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 law of the country of his residence;
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 3DWORLD;
5.10.10. does not comprise any Spam and Flood.
5.11. The Customer is liable for the compliance of the Content with the law of the country of his residence.
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, 3DWORLD grants You a non-exclusive, personal, non-transferable, worldwide and revocable license (hereinafter - the “License”) and the rights to:
7.1.1. record Models on an electronic media, for example, on a CD, DVD, flash drive, portable hard drive, including recording in the memory of a computer or mobile phone;
7.1.2. distribute, that is, sale or other alienation of copies of the Model, including the distribution of copies involving the production of the Model in two dimensions, for example, by applying an image of the Model on any medium (poster, T-shirt, etc.), except for electronic media (hard disks, etc.);
7.1.3. public display, which means any demonstration of the original or a copy of the Model on a screen or by live performance to an` indefinite range of persons for advertising purposes;
7.1.4. public performance, that is, the presentation of the Model in live performance or by technical means (radio, television, etc.), in a place open to the public, or in a place where there are a significant number of people who do not belong to the usual family circle, for example, to display the goods being sold in the sales area;
7.1.5. import of originals or copies of the Models, that is, their import across the customs border of countries made in any material form, including those made in three dimensions or two dimensions, as well as import across the customs border of electronic media with written Models on them;
7.1.6. rent, lease or loan (including for free) of the manufactured form of Models, including those made in three dimensions or two dimensions;
7.1.7. publicly perform, which means the reception and simultaneous air communication (including via satellite) or by cable of a complete and unchanged radio or television transmission with the Model or its essential part, broadcast or by cable by an on-air or cable broadcasting organization;
7.1.8. bring to the public the two-dimensional image of the Model in such a way that anyone can access the two-dimensional image of the Model from anywhere and at any time of their own accord, for example, uploading the image of the Model as part of a website design on the Internet or uploading an image of the Model as part of its own portfolio on the Internet;
7.1.9. use the downloaded Model to create Derivative Works under this Agreement, namely:
18.104.22.168. the practical implementation of an architectural, design, urban planning or landscape gardening project using a Model in three dimensions or in two dimensions, for example, building a house, whose Model was available in the Website Database;
22.214.171.124. reworking of the Model only into a two-dimensional work, that is, creating a derivative two-dimensional work using the Model and your own creative contribution, for example, creating an image of a project (render) of a room design using the image of the Models, as well as using a derived two-dimensional work in all ways mentioned in clause 7.1 Agreements with an exclusive opportunity to conclude licensing agreements;
126.96.36.199. use of the Model as part of a complex object, for example, as part of an audiovisual work (film, advertising video, etc.), a theatrical performance, but without the right to use it as part of a database;
188.8.131.52. using the Model as part of a computer game, game for a game console, game for a smartphone, or any other game for an electronic device;
184.108.40.206. making one or more copies of the Model or part of it in any material form, including making in three dimensions or two dimensions, for example, by applying an image of the Model to any medium (poster, T-shirt, etc.).
7.2. In addition to clause 7.1 of the Agreement, the Customer is prohibited from:
7.2.1. distribution of Models recorded on electronic media (hard disks, etc.);
7.2.2. rental of Models recorded on electronic media (hard disks, etc.);
7.2.3. bringing to the public the Model in three dimensions (in the initial form of the 3D model) in such a way that any person can access the three-dimensional image of the Model from anywhere and at any time of his own free will, for example, uploading the original Model downloaded from the Website to the Internet;
7.3. When using the downloaded Models, you must comply with the following requirements:
7.3.1. Changing the Model does not make it a separate Derivative Work. Thus, the modified copy of the Model remains the Model that is licensed to you by us and licensed to us by the Author.
7.3.2. Combining several Models into one 3D Model will not be considered to create a Derivative Work since this does not significantly distinguish such a model from the loaded Model and does not make the scope of this 3D model wider than that of the loaded Model. Therefore, such a composite 3D model should be considered a modified copy of the loaded Model or several Models.
7.3.3. The Model may not be sold, transferred or assigned to another person or entity in the form in which it was downloaded from the Website Database, or in any other form that is not a Derivative Work, including but not limited to a modified Model.
7.3.4. Customer must take all reasonable and generally accepted measures to prevent third parties from accessing the downloaded Models that are included in any digital Derivative Work. You must use proprietary formats (that is, closed source application formats) so that Models cannot be opened or imported in a publicly available software application or framework, or retrieved without breaking the technology. Consequently, Models should not be included in Derivative Works that have common functions for importing and/or exporting Models. For example, Models should not be included as an initial library in a Derived Work, which typically allows its users to work with 3D Models even if the Models are protected in some way and cannot be exported.
7.3.5. Models must not be published, distributed, or made available through the infrastructure of any online repository in the form in which they are downloaded from the Website Database, or in any other form that does not constitute a Derivative Work, including but not limited to a modified Model.
7.3.6. Models must not be used for any defamatory, pornographic, obscene or racist purpose, or to violate the intellectual property rights of any person.
7.3.7. Models should not be used to create marks for goods and services or a logo for a legal entity.
7.3.8. You must not impersonate the real creator of the Model.
7.4. 3DWORLD allows the Customer to use the Model without mentioning the name of the Author, that is, anonymously, but prohibits impersonating the author of the Model.
7.5. 3DWORLD authorizes the Purchaser to make changes, abbreviations and additions to the Model, to provide the Model with illustrations and otherwise affect the integrity of the Model.
7.6. Certain Models containing images, logos, trademarks and service marks, brand names, and other intellectual property may require additional licenses, rights and permissions to use. Customer is solely responsible for determining if additional licenses, rights and permissions are required for the intended use of the Model before downloading and using any Model.
7.7. We do not grant ownership of the Models. Therefore, by downloading a Model, you do not acquire ownership of the Model itself, but only a license to use that Model.
7.8. Models should not be used to create trade or service marks. This Agreement does not contain consent to register objects of copyright as trademarks and service marks.
7.9. The Customer's use of the Models must not undermine the honour, dignity or reputation of others.
7.10. The Customer must ensure that his use of the Models does not contradict the requirements of Applicable Law and does not violate the intellectual property rights of third parties, including, but not limited to, copyright and related rights, trademark and service marks, appellations of origin, patented invention rights, utility models and industrial designs, the right to use images of living and deceased people, etc.
7.11. This License is valid during the term of the Agreement. Termination of this Agreement will result in the revocation of this License.
7.12. If your license is revoked, you must immediately stop using the downloaded Models, delete all of them and any copies you have made.
7.13. Breach of this Agreement immediately terminates your rights and License to use the Models.
7.14. You are solely responsible for the Model Authors for any violation of the terms 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 3DWORLD 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 3DWORLD, 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 3DWORLD 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 3DWORLD 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:
Company number: HE 403245, registered in Cyprus
7-9 Riga Feraiou,
LIZANTIA COURT, Office 310,
Agioi Omologites, 1087