3DWORLD LTD (hereinafter - “we”, "our", “us”, “3DWORLD” ) is a Cyprus company and operator of the service “ 3dsky ” that allows authors of 3D models to share their works and sell the rights to use their works to customers who wish to purchase access to 3D models via the Service.
1.4. “ Reporting Period ” is a period of 7 (seven) calendar days.
1.7. 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 CONTRACT
2.1. Pursuant to this Contract, the Customer for the purpose of personal gain, uploads its Models to the Website Database and grants 3DWORLD the License to such Models. Therefore the Customer is granted the “Author” Status pursuant to this Contract.
2.2. 3DWORLD provides the Service to the Author, distributes its uploaded Models and splits the Net Revenue with the Author.
3. ACCEPTANCE OF OFFER AND EFFECTIVE PERIOD OF THE CONTRACT
3.3. This Contract between the Author and us shall be deemed concluded and effective from the moment of the first uploading of a Model to the Website Database by the Author and its acceptance of this Contract. This Contract is valid for the duration of Your use of the Service and for the period of availability of the uploaded Models in the Website Database.
3.4. This Contract may be amended by us unilaterally without the Author’s prior consent. We will notify You about the alteration of this Contract immediately thereafter. You have the right not to accept the amended Contract following our notification about such alteration, and such non-acceptance will result in immediate discontinuance of Your “Author” Status and Your rights and obligations hereunder. You therefore need to accept the amended Contract for further continuance of Your “Author” Status and Your rights and obligations hereunder.
4. GRANTING OF LICENSE TO 3DWORLD TO USE THE MODELS
4.1. When the Author uploads the Model to the Website Database, he grants 3DWORLD a non-exclusive license with the right to enter into sublicense agreements with third parties for the entire duration of the exclusive right to the territory of the entire world for the following uses:
4.1.1. reproduction, that is, the production of one or more copies of the Model or part of it in any material form, including production in three dimensions or in two dimensions, for example, by applying an image of the Model to any medium (poster, T-shirt, etc.), as well as the recording of Models on electronic media, for example, on a CD, DVD, flash drive, portable hard drive, including recording in the memory of a computer or mobile phone;
4.1.2. distribution, 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 to any medium (poster, T-shirt, etc.), including electronic media;
4.1.3. public display, that is, any demonstration of the original or a copy of the Model on a screen, in a place open to the public, or in a place where there is an indefinite number of people, for example, for advertising purposes;
4.1.4. public performance, that is, the presentation of the Model in live performance or throughout technical means (radio, television, etc.), in a public place with an indefinite number of people, for example, to display the goods being sold in the sales area;
4.1.5. import of originals or copies of the Models, that is, their import across the customs border of any of the countries of the world, 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;
4.1.6. rental of originals or copies of the Models, that is, leasing or on loan (for free) of Models made in any material form, including those made in three dimensions or two dimensions, as well as leasing or lending media with recorded Models on them, including electronic media;
4.1.7. broadcasting and communication by cable, that is, communication of the Model in three dimensions or two dimensions to the public by radio or television, as well as communication of the Model to the public by cable, wire, optical fibre or similar means;
4.1.8. retransmission, that is, 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;
4.1.9. bringing the Model in three dimensions or two dimensions to the public in such a way that any person can access the Model from anywhere and at any time of his own free will, for example, uploading the Model to the Internet;
4.1.10. the practical implementation of an architectural, design, urban planning or landscape gardening project using a Model in three dimensions or two dimensions, for example, building a house, whose Model was available in the Website Database;
4.1.11. processing, that is, the creation of a derivative work using the Model in three dimensions or two dimensions, for example, the creation of a room design project using the image of the Models, as well as the use of a derivative work in all the ways mentioned in clause 4.1 of the Agreement;
4.1.12. 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, a multimedia product, but without the right to use it as part of a database;
4.1.13. use of the Model as part of a computer game, a game for a game console, a game for a smartphone or any other game in conjunction with other uses mentioned in clause 4.1 of the Agreement;
4.2. The Author authorizes 3DWORLD to use the Model anonymously without specifying the Author's name.
4.3. The Author authorizes 3DWORLD to make changes, abbreviations and additions to the Model, provide the Model with illustrations and otherwise affect the integrity of the Model.
4.4. The Author authorizes 3DWORLD to publish the Model for the first time, that is, to carry out actions that make the Models available to the public in various ways.
4.5. All rights to the Models uploaded by the Author to the Website Database will remain with the Author. Therefore, nothing in this Agreement affects the Author's right to use or sell the Models created by the Author outside the Website.
4.6. 100% of the elements of the Model must be created personally by the Author.
4.7. Models must not contain violations of intellectual property rights (exclusive rights, copyrights, related rights, rights to industrial property, rights to trade secrets, rights to trademarks and service marks, rights to trade names, etc.) and must not copy Models of other copyright holders, or be derivative Models of other works, created without the consent of the authors of other works.
4.8. If the Model is any previously known product, for example, the Model was created based on the appearance of an existing car, the Author undertakes to indicate information about the product, based on which the Model was created. Such information shall be indicated when loading the Model. In particular, the Author undertakes to indicate a link to the product on the official website of the manufacturer of the product, if such exists, and also indicate the name of the product, according to which it can be identified.
4.9. The Author grants 3DWORLD the right to protect the Author's rights to the Models uploaded to the Website Database in the following ways:
4.9.1. communicate on behalf of the Author in any way with persons who violate/supposed to violate the rights of the Author to the Models uploaded to the Website Database, request clarifications from such persons and require them to stop violating the rights of the Author;
4.9.2. send official claims and demands to persons who violate the author's rights to the Models uploaded to the Website Database;
4.9.3. submit any kind of complaints against those who violate the author's rights to the Models uploaded to the Website Database;
4.9.4. file legal claims on its behalf to protect the rights of 3DWORLD to the Models uploaded by the Authors to the Website Database provided by the Author according to this Agreement.
4.10. This License shall be effective during the Effective period of this Contract. The termination of this Contract shall result in the revocation of this License.
5. UPLOADING OF THE MODELS TO THE WEBSITE DATABASE
5.1. When You upload a Model, we will moderate it before adding to the Website Database. We shall therefore decide whether this Model meets our requirements to be uploaded to the Website Database and what category to add Your Model to. If Your Model fails to pass the moderation, we will let You know about what should be corrected to meet our requirements. The time we need for the moderation depends on each particular Model. The moderator has the right to request various information in relation to the Model during the moderation process.
5.2. The Models shall meet at least the following requirements to be downloaded to the Website Database:
5.2.1. the Models shall comply with the Applicable law (i.e. it shall not breach the prohibitions and limitations set in the Applicable law, e.g. not to comprise any rabble-rousing and etc.);
5.2.2. the Models shall not display violence, obscenities, insults, harm, threats, slander, false information or pornography;
5.2.3. the Models shall not undermine other persons’ honour, dignity or reputation;
5.2.4. the Models shall not stoke racial, religious, national, ethniс or social tensions;
5.2.5. the Models shall not infringe upon any intellectual property rights (copyrights, related rights, patent rights, know-how rights, trademark rights, etc.) and shall not copy any other Authors’ Models;
5.2.6. the Models shall not contain any information that may be deemed confidential pursuant to the Applicable law and/or any contractual obligations;
5.2.7. the Models shall not contain any viruses or malware;
5.2.8. 100% of all the elements of the Model(s) shall be created by You personally;
5.2.9. the Models shall include proper Model preview files (such files must at the very minimum meet the requirements listed on: https://3dsky.org/faq/84/show );
5.2.10. the size of the Model archive file must not exceed 150 Megabytes;
5.2.11. the size of the Model preview file must not exceed 1 Megabyte;
5.2.12. to upload the Models created with “Autodesk 3ds Max” older than “Autodesk 3ds Max 2009”, You need to convert a copy of the Model into FBX or OBJ format;
5.2.13. the Models shall have correct and proper wire grid;
5.2.14. the Models shall not contain excess geometry, cameras, lights, helpers, particles, and other elements that are unnecessary and impede proper view of the Models;
5.2.15. the Models shall be relevant;
5.2.16. the Models shall be furnished with proper materials and textures;
5.2.17. the Models created with “Autodesk 3ds Max” for students are not acceptable.
5.2.18. the Models shall be furnished with a proper and detailed description;
5.2.19. the version of the Model shall be as early as it possible to be provided by Your version of “Autodesk 3ds Max”, for example, for “Autodesk 3ds Max 2016” it will be a 2013 version;
5.2.20. names of materials, textures, elements of the Models, the whole path to the Models and all folder names must be in English;
5.2.21. textures, materials and elements of the Models must be properly named in English (for example, names like “1”, “2”, “3” are not accepted), they must also be relevant, reasonable and logical;
5.2.22. textures of each Model must be saved into a single folder;
5.2.23. You need to ungroup objects before upload;
5.2.24. You need to provide the Models with relevant tags;
5.2.25. the Models shall be placed in zero coordinates, without turning on the axis;
5.2.26. at least one of the Model preview files shall be a preview of the wire grid;
5.2.27. the scene of the Model shall be in millimeters;
5.3. The Models at the very minimum must meet the following, additional to aforementioned, requirements to be added to the PRO category:
5.3.1. the PRO-Models must be high in polycount 3d models, the quality of which shall be superior to that of the other Models;
5.3.2. the wire grid of the PRO-Models shall be proper and correct, it shall, if possible, consist of quads and triangles, without gaps, coplanarities, inverted normals and excessive density;
5.3.3. the PRO-Models shall be furnished with attractive proper rendered preview of higher quality that shall comprise of photorealistic materials, good light and contrast, and shall not be blurred. The preview image shall be square, with the object placed in the center of the frame and with a small indent from the edge (5-10 %).
5.3.4. the PRO-Models must be more up-to date and sought-after by Customers than those from other categories;
5.3.5. the PRO-Models shall have more detailed descriptions than those from other categories.
5.4. Authors who are duly authorized by trademarks and service marks owners to upload the Models containing such trademarks and service marks, have the right to do so for purposes of promoting the goods and services of such trademarks and service marks owners. Such Models may be uploaded from the OM category only and we shall not provide them for any commercial use.
6. NET REVENUE SHARE AND PAYMENTS
6.1. 3DWORLD sets all of the fees payable for the access to the Models.
6.2. The Author has the right to receive a share of the Net Revenue in the amount of 50-70 (fifty to seventy) percent depending on its Rating.
6.4. shall pay the share of the Net Revenue to the Author according to the procedures, that depend on the payment solutions used by the Author:
6.4.1. Payments to the Authors, that use Webmoney, are made once each Reporting Period (weekly) on Wednesdays. The minimum payment amount is 1000 (one thousand) Russian rubles. If the amount of the share payable to the Author does not reach such a threshold, payment of the share is postponed until the end of the Reporting when the amount of such share exceeds the specified threshold.
6.4.2. Payments to the Authors, that use PayPal and Payoneer, are made upon their applications for payment, filed through their accounts, within 3 (three) banking days. The minimum payout amount for PayPal is 1000 (one thousand) Russian rubles, and for Payoneer, this amount is 5000 (five thousand) Russian rubles. Payments upon applications will be made only after the amount of the share payable to the Author reaches the specified thresholds.
6.5. The moment of such payouts can be postponed, but not more than for the period of 1 (one) calendar month.
6.6. Upon termination of this Contract, 3DWORLD shall within 15 (fifteen) banking days pay the Author a share of the Net Revenue earned by the Author before the Contract termination date.
6.7. The Author must submit the data necessary to identify it for payment purposes. If the Author fails to submit such data, the payment will be delayed until the Author provides it.
6.8. The Author shall bear all the costs in connection with currency conversion of its earnings.
7. TERMINATION OF THE CONTRACT
7.1. This Contract may be terminated entirely or partially by each of the Parties unilaterally at any time. The Party that wishes to terminate the Contract should notify the other Party about it via email. Therefore, the Contract may be terminated only upon receipt of such a notice by one of the Parties.
8. PARTIES’ LIABILITY
8.1. Our Services, the Website and the Models are made available to You on an “AS IS” basis. We therefore disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.
8.2. 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 Authors’ expectations and requirements.
8.3. We shall not be liable for any misrepresentation, modification and distortion of the Models’ displays on the Website even though it may cause a negative impact on the Author’s reputation.
8.4. 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.
8.5. We are totally separated from the Content and Models, we therefore 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.
8.6. The Author warrants and represents that:
8.6.1. the information provided to 3DWORLD at our request to perform our obligations is correct;
8.6.2. the Author is the only owner of the Models which it uploads to the Website Database or otherwise entitled to grant the rights to use the Models under to this Contract;
8.6.3. its execution of this Contract does not contravene the requirements of the Applicable law, does not infringe any 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;
8.6.4. the Author obtained all the necessary permits.
8.7. The Author is responsible for payment of taxes that apply to the payout of its earnings that 3DWORLD make to the Author under this Contract, (including, but not limited to, income tax).
8.8. If we are found liable for the Author’s violation of the rights and/or interests of third persons, the Author’s warranties and representations, as well as other provisions of law, the Author shall fully reimburse the losses suffered by 3DWORLD in connection with such violation.
8.9. The Author acknowledges that any breach of this Contract 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.
9.1. The Author warrants and represents that all the provisions of this Contract are clear to it and accepts them unconditionally and to the full extent.
9.2. This Contract constitutes the entire agreement and understanding between the Author and 3DWORLD relating to the Author’s use of our Website and Services.
9.3. If, for whatever reason, one or more provisions of this Contract are invalid or unenforceable, such circumstance shall have no effect on the validity or enforceability of the remaining provisions of this Contract.
9.4. Parties’ rights and obligations pursuant to this Contract can be transferred to Parties’ lawful inheritors and successors.
9.5. Questions, discord or claims not regulated by this Contract are governed by the Applicable law.
9.6. Our details:
Company number: HE 403245, registered in Cyprus
7-9 Riga Feraiou,
LIZANTIA COURT, Office 310,
Agioi Omologites, 1087