Rules
This Terms of Use for Customers is effective from 11/07, 2022
Please read these Terms of Use carefully before continuing and accepting it. 3DWORLD LTD (hereinafter - “we”, "our", “us”, “3DWORLD” ) is a Cyprus 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.
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.
If You wish to create a 3dsky Account, you need to read, understand and accept these Terms of Use for Customers.
These Terms of Use create a legally binding agreement between 3DWORLD and You. If You do not accept these Terms of Use, You shall refrain from using the Service.
By purchasing Royalty free 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.
By ticking the checkbox “I’ve read, understand and accept the Terms of Use for Customers” and creating a 3dsky Account You agree as follows:
1. DEFINITIONS
1.1. “ Agreement ” is the text of these Terms of Use for Customers with all its annexes, amendments and supplements available on: https://3dsky.org/faq/115/show
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.
1.3. “ Author ” is an individual who has reached the age of at least 16 (sixteen) years and has already created 3dsky Account in order to use the Service under this Agreement and Terms of Use for Authors and was assigned “Author” 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. “ Model ” is a product of 3D modelling, as well as associated scripts, textures and other materials intended for use by Customers under this Agreement, uploaded to the Website Database by the Author. Rights to the Models are licensed to us by the Authors under the Terms of Use for Authors and can be sublicensed by us to You hereunder. Each Model is listed in one of the following categories: FREE, OM, LT or PRO. These categories are given to the Models upon uploading:
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.
1.9.3. The PRO category contains Models of higher quality and relevance that meet the requirements for PRO Models pursuant to the Terms of Use for Authors and which we decided to put into this category.
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
3.1. By completing the Registration and ticking the checkbox “I’ve read, understand and accept the Terms of Use for Customers” the Customer acknowledges that it is fully aware of the provisions of this Agreement and accepts all of them in full without any exemptions or limitations whatsoever.
3.2. Acceptance of these Terms of Use for Customers is equivalent to the conclusion of a bilateral written Agreement between the Customer and 3DWORLD.
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.
4.2. 3DWORLD shall take all the necessary actions to ensure the privacy of the the Customers’ personal data pursuant to EU General Data Protection Regulation, other applicable data protection legislation and our Privacy Policy.
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 printable 3D models, which are replicas or realistic depictions of weapons;
5.10.6. 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;
5.10.7. does not violate rights of minors, their guardians and representatives;
5.10.8. does not comprise any information that shall be confidential pursuant to Applicable law and/or any contractual obligations;
5.10.9. does not contain any viruses or malware;
5.10.10. does not contain any advertisement that is not expressly authorized by 3DWORLD;
5.10.11. 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.
6.2. The “ Author ” Status is assigned to the Customer’s Account after such Customer uploades its first Model to the Website Database and accepts the “Terms of Use for Authors”. Therefore, such Customer (Author) has rights and obligations pursuant to this Agreement and the “Terms of Use for Authors”.
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, non-sublicensable, 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:
7.1.9.1. 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;
7.1.9.2. 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;
7.1.9.3. 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;
7.1.9.4. 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;
7.1.9.5. 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.
9.4. The license for Models from the PRO and LT categories, access to which was obtained by the Сustomer on a paid basis is not revoked upon termination of the Agreement, unless the Agreement is terminated due to a violation of its conditions by the Customer, or if the Authors of these Models themselves revoke such Licenses pursuant to the Terms of Use for Authors.
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. MISCELLANEOUS
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.
12. CONTACT US
12.1. If you have any questions regarding our website or your interactions with it, please do not hesitate to contact us at: support@3dsky.org
3DWORLD LTD
Company number: HE 403245, registered in Cyprus
7-9 Riga Feraiou,
LIZANTIA COURT, Office 310,
Agioi Omologites, 1087
Nicosia, Cyprus
This Terms of Use for Authors is effective from 22/06, 2022
Please read these Terms of Use for Authors carefully before continuing and accepting it.
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.
This document is the official public offer addressed to Customers of 3dsky for the purpose of entering into a contract under the terms and conditions stipulated below. If You wish to upload the Models and sell the rights to use them, you need to read, understand and accept these Terms of Use for Authors.
These Terms of Use for Authors create a legally binding agreement between 3DWORLD and You. If You do not accept these Terms of Use for Authors, you shall refrain from uploading the Models to our Website Database.
By ticking the checkbox “I’ve read, understand and accept the Terms of Use for Authors” and uploading any Model to the Website Database You agree as follows:
1. DEFINITIONS
1.1. “ Account ” is the personal section of the Website to which the Author gets access after registering as a Customer and/or log in to the Website that contains set of data related to the Author including its personal data and the internal information of the Service related to the Author that enables Author to use the Service. When a Customer becomes an Author, it will be able to review statistical information on the payments for the use of its Models by Customers under the Terms of Use for Customers and to receive notices.
1.2. “ Contract ” is the text of these Terms of Use for Authors with all its annexes, amendments and supplements available on: https://3dsky.org/faq/116/show
1.3. “ Net Revenue ” is the revenue generated by 3DWORLD from providing (selling) the access to the Models from the PRO and LT categories, uploaded by You to the Website Database, to Customers under the Terms of Use for Customers during the relevant Reporting Period.
1.4. “ Reporting Period ” is a period of 7 (seven) calendar days.
1.5. “ Rating ” is the rank of the Author, that it may obtain depending on the total quantity of its Models from the PRO and LT categories downloaded by Customers pursuant to the Terms of Use for Customers. The downloads of the Author’s Models from the PRO and LT categories by other Authors for free do not count when the Rating is determined. The table available on https://3dsky.org/sell_rating describes what benefits an Author can gain depending on its Rating. These benefits are the quantity of the Models that can be accessed for free within one (1) day and the share of the Net Revenue that can be awarded to the Author.
1.6. The definitions used in the Terms of Use for Customers shall also be used in these Terms of Use for Authors.
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
3.1. By completing the uploading of its Model to the Website Database and ticking the checkbox “I’ve read, understand and accept the Terms of Use for Authors” the Customer acknowledges that it is fully aware of the provisions of this Contract and accepts all of them in full without any exemptions or limitations whatsoever.
3.2. Acceptance of these Terms of Use for Authors is equivalent to the conclusion of a bilateral written Contract between the Author and 3DWORLD.
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.
4.2.1. 3DWORLD reserves the right at any time at sole discretion to request the Author's documents and other information in order to verify its identity. We verify Author’s identities in order to prevent and detect improper use of the Models. The documents and other information that We can request may include, but not limited to, identity documents, such as a national passport or a travel document issued by the authorities of the Author’s country of residence, Author’s portfolio or website, etc.
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 can not be a printable 3D models, which are replicas or realistic depictions of weapons;
5.2.4. the Models shall not undermine other persons’ honour, dignity or reputation;
5.2.5. the Models shall not stoke racial, religious, national, ethniс or social tensions;
5.2.6. 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;
5.2.7. the Models shall not contain any information that may be deemed confidential pursuant to the Applicable law and/or any contractual obligations;
5.2.8. the Models shall not contain any viruses or malware;
5.2.9. 100% of all the elements of the Model(s) shall be created by You personally;
5.2.10. 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 );
5.2.11. the size of the Model archive file must not exceed 150 Megabytes;
5.2.12. the size of the Model preview file must not exceed 1 Megabyte;
5.2.13. 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;
5.2.14. the Models shall have correct and proper wire grid;
5.2.15. the Models shall not contain excess geometry, cameras, lights, helpers, particles, and other elements that are unnecessary and impede proper view of the Models;
5.2.16. the Models shall be relevant;
5.2.17. the Models shall be furnished with proper materials and textures;
5.2.18. the Models created with “Autodesk 3ds Max” for students are not acceptable.
5.2.19. the Models shall be furnished with a proper and detailed description;
5.2.20. 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;
5.2.21. names of materials, textures, elements of the Models, the whole path to the Models and all folder names must be in English;
5.2.22. 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;
5.2.23. textures of each Model must be saved into a single folder;
5.2.24. You need to ungroup objects before upload;
5.2.25. You need to provide the Models with relevant tags;
5.2.26. the Models shall be placed in zero coordinates, without turning on the axis;
5.2.27. at least one of the Model preview files shall be a preview of the wire grid;
5.2.28. 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.
6.3. The information on the quantity of the Models from the PRO and LT categories which are used pursuant to the Terms of Use for Customers by Customers is available on the Author’s Account page. The Rating of the Author is given to it based on this information. The Rating is calculated and awarded via the Website’s software.
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.
7.2. If the Author deletes all or some of its Models from the Website Database, the licenses to use the deleted Models shall be terminated upon the completion of the performance of the obligations under the Terms of Use for Customers which 3DWORLD has concluded with other Customers before such deletion of the Models occurs. The deletition of the Models from the PRO and LT categories, access to which was obtained by Customers on a paid basis, does not result in the revocation of licenses for such Models provided to such Customers. If the Author wishes to revoke such a license granted to the Customer, then it should contact the relevant Customer itself and refund the amounts received by the Author for granting Customer access to this Model (Net Revenue share).
7.3. The termination of this Contract shall result in revocation of Your Author Status and You will therefore be free of the obligations and rights under this Contract. However, termination of this Contract shall not result in termination of the Terms of Use for Customers, which You have entered into, and forfeiting of Your Customer Status.
7.4. Termination of the Terms of Use for Customers, which You have entered into, shall result in the termination of this Contract.
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. MISCELLANEOUS
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.
10. CONTACT US
10.1. If you have any questions regarding our website or your interactions with it, please do not hesitate to contact us at: support@3dsky.org
3DWORLD LTD
Company number: HE 403245, registered in Cyprus
7-9 Riga Feraiou,
LIZANTIA COURT, Office 310,
Agioi Omologites, 1087
Nicosia, Cyprus