Rules
Please read these Terms of Use carefully before using our Service!
This Terms of Use for Customers is effective from September 18, 2024
Please read these Terms of Use for Customers carefully before continuing and accepting it. 3DWORLD LTD (after this - “ we ”, " our ", “ us ”, and “ 3DWORLD ” ) is a Cyprus company that operates the service (“ 3dsky ”, “Service” ,“Site” ) 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.
For the purposes of these Terms, 3DWORLD LTD and Customer are referred to as Parties, and individually - Party.
1. MAIN PROVISIONS
1.1. This document is the official public offer addressed to an indefinite scope of persons for the purpose of agreeing to the terms and conditions stipulated below.
1.2. If you wish to create a 3dsky account on this website, you should read, understand, and accept these Terms ("You", "Customer"). By registering an account on this website, you now certify that:
1.2.1. You are a legally capable individual 16 years of age or older,
1.2.2. have the capacity to enter into a legally binding agreement with 3DWORLD,
1.2.3. have read and agree to be bound by these Terms,
1.2.4. if you represent a legal entity or individual entrepreneur, you represent and warrant that you are fully and legally authorized to act on behalf of such legal entity or individual entrepreneur, to accept and comply with these Terms, to use the Service and this website, including the purchase of 3D models in accordance with these Terms.
1.3. The Terms shall become effective upon posting on the Site and shall remain in effect indefinitely. 3DWORLD may modify these Terms from time to time in its sole discretion without specific notice. Changes will be effective when the updated version of the Terms is posted at https://3dsky.org/faq/category/10005/show . Your continued use of the Service constitutes your acceptance of such changes. PLEASE READ THESE TERMS CAREFULLY AND CHECK THESE TERMS OF USE PERIODICALLY FOR CHANGES.
1.4. These Terms of Use for Customers must be read with the Refund Policy, Privacy Policy, and Cookie Policyas they collectively constitute the entire Agreement (hereinafter — “Agreement”) between you and us. All definitions of terms used herein for which no definitions are provided shall have the same meaning as defined in our Refund Policy, Privacy Policy, and Cookie Policy.
2. OUR SERVICE
2.1. 3DWORLD is a creative community and marketplace where independent authors/artists ("Authors" ) can upload their own 3D models ("Models" ). These Models are then available for purchase by customers ("Customers" ) following these Terms. Our website also allows Authors and Customers to communicate with other Authors and Customers by posting/leaving content on the website (e.g., leaving comments and participating in discussion forums). By purchasing Models, you are purchasing licenses to those Models.
2.2. Models uploaded to the 3DWORLD Marketplace are created by independent Authors who are not employees, agents, or representatives of 3DWORLD. Authors are responsible for ensuring that they have all necessary rights to their Models and do not violate third parties' rights by posting them on 3DWORLD.
2.3. 3DWORLD may not give legal advice or make legal judgments as to whether a Model infringes anyone's intellectual property. 3DWORLD may remove materials cited concerning alleged intellectual property infringement upon notice. For questions regarding alleged copyright infringement or any other alleged intellectual property infringement, please contact support@3dsky.org .
3. DEFINITIONS
3.1. “ Terms ” is the text of these Terms of Use for Customers with all its annexes, amendments, and supplements available at https://3dsky.org/faq/115/show .
3.2. “ Customer ”, “ You ” is an individual who has reached the age of 16 (sixteen) years wishing to create their 3dsky Account or has already created it to use the Service under this Agreement and was assigned “Сustomer” status according to this Agreement.
3.3. “ Author ” is an individual who has reached the age of at least 16 (sixteen) years and has already created a 3dsky Account to use the Service under this Agreement and Terms of Use for Authors and was assigned “Author” status according to this Agreement.
3.4. “ Registration ” is the successful filling of the registration form by the Customer that enables the creation of the Customer's 3dsky Account.
3.5. “ Account ” is the personal section of the Website to which the Customer gets access after registration and/or logging in to the Website. It contains a set of data relating to the Customer, including personal data and the internal information of the Service relating to the Сustomer that enables the Customer to use the Service.
3.6. “ Website ” is the website hosted in domain 3dsky.org. The Website contains a database of 3D Models, textures, materials, and scripts (after this - the “Database” ) available for Customers. A Model is a separate item of the Database and a copyright object.
3.7. “ 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.
3.8. “ Model ” is a product of 3D modeling 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, or PRO. These categories are given to the Models upon uploading:
3.8.1. The FREE category contains the Models that can be downloaded by each Customer for free, provided that the Customer meets the conditions hereunder for such downloading.
3.8.2. 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.
3.8.3. The PRO category contains Models of higher quality and relevance that meet the requirements for PRO Models according to the Terms of Use for Authors, which we decided to put into this category.
3.9. “ Derivative work ” is a new, original product that includes aspects of a preexisting, already copyrighted work. For example, Derivative work can be created using the Models. Therefore, Derivative work incorporates the Model and other things so that it is larger in scope and different in nature than the Model.
3.10. “ Applicable law ” is the law of England and Wales. Therefore, this law governs this Agreement.
3.11. “ Status ” is the status of the Customer's Account that we assign 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.
3.12. “ Spam ” is the Content that consists of any advertisements that are unauthorized by us, links to malicious websites, and any abusive or otherwise unwanted information.
3.13. “ 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 that only aim to upgrade the Сustomer's rating.
3.14. The Agreement may contain concepts not defined above; in this case, such concepts will be interpreted under the Agreement's text, Applicable law, scientific doctrine, and business practice.
4. LICENSE UNDER THESE TERMS
4.1. This agreement is an open license within the meaning of Applicable Law. Subject to Terms, 3DWORLD grants a non-exclusive license to the Customer for the Model under the provisions of these Terms, and the Customer pays for the corresponding license obtained from 3DWORLD.
4.2.Along with providing licenses, 3DWORLD provides the Customer with the use of the following Services:
4.2.1. browsing, searching, and viewing the Models and information related to them;
4.2.2. viewing of the Content posted on the Website;
4.2.3. registration and/or log in to the Website;
4.2.4. posting and displaying on the Website any Content, including but not limited to texts, hyperlinks, images, audio and video files, data, and/or other information;
4.2.5. granting access to the Models, downloading these Models, and obtaining licenses to use the downloaded Models;
4.2.6. uploading of the Models to the Website's Database and granting licenses to use them;
4.2.7. other use of the Service functionalities.
4.3. We improve and update the Service and add functionality to it.
4.4. The Customer agrees to use the Service under these Terms.
4.5. The Customer acknowledges that the Website and the Service are complex results of intellectual (creative) activity provided by us on an “as is” and “as possible” basis. 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, including the Customer' and other Website visitors' Content.
5. ACCEPTANCE OF OFFER AND EFFECTIVE PERIOD OF TERMS
5.1. 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 the Terms and accepts all of them in full without any exemptions or limitations whatsoever.
5.2. Acceptance of these Terms for Customers is equivalent to the conclusion of a bilateral written Agreement between the Customer and 3DWORLD.
5.3. The Terms 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 these Terms. The Terms are valid for the Customer's use of the Service.
6. YOUR ACCOUNT
6.1. To access the Website and Services, which we may create, maintain, and modify from time to time at our sole discretion, you must create an Account. You are responsible for tracking all activity in your Account and agree to:
6.1.1. Provide accurate, current, and complete information about yourself as may be prompted in any registration forms on the Site ("Registration Data");
6.1.2. Maintain and promptly update the Registration Data and any other information you provide to 3DWORLD to keep it accurate, current, and complete;
6.1.3. Maintain the security of your password and identification information;
6.1.4. Promptly notify 3DWORLD of any unauthorized use of your Account or other security breach;
6.1.5. Assume full responsibility for all activities that occur using your Account, including, but not limited to, all applicable taxes and any applicable third-party fees (including, but not limited to, credit card fees and currency exchange fees);
6.1.6. Assume all risks of unauthorized access to your Account and any other information you provide to 3DWORLD;
6.1.7. Never transfer or "sell" your Account to any third party.
7. OUR OBLIGATIONS AND RIGHTS
7.1. 3DWORLD shall provide regular and uninterrupted operation of the Website and carry out its maintenance and updating to ensure the Сustomer's access to the Service and its everyday use.
7.2. 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.
7.3. We have the right to promote the Website and the Service and post advertising materials on any page of the Website, including, but not limited to, contextual advertising, banners, online video, animation, and advertising commercials.
7.4. We have the right to assign the Statuses to the Customers under these Terms.
7.5. In case the Customer breaches these Terms, we have the right to send such Customer a warning and unilaterally, without judicial procedures, repudiate in whole or in part, the Terms concluded with such Customer, including suspending 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.
7.6. 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 correcting mistakes, without the Customer's prior consent.
7.7. We can limit access to any kind of information that the Website contains at our sole discretion.
7.8. We have the right to authorize the Customers at our sole discretion to post advertisements on the Website, copy and use on other websites Content and additional information that our Website contains.
7.9. We have the right to change the Service prices at our sole discretion without prior notice to the Customer.
7.10. We have the right at any time at our sole discretion to request the Customer's documents and other information to verify its identity. We verify Customers' identities to prevent and detect improper use of the Models. The documents and additional information that we can request can include, but are not limited to, identity documents, such as a national passport or a travel document issued by the authorities of the Customer's country of residence, the Customer's portfolio or website, etc.
8. CUSTOMER'S RIGHTS AND OBLIGATIONS
8.1. The Customer has the right to use the Website and the Service under the Terms.
8.2. 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.
8.3. Each Customer has the right to buy the subscription that allows to download and use a total of 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 (after this - the “Expanded subscription” ).
8.4. The Customer has the right to use and download the Models from the PRO hereunder, provided that it paid the fees under the Terms.
8.5. The Customer has the right to be granted the Statuses under the Terms, which will result in gaining access to the Website and Service functionalities related to each Status.
8.6. The Customer has the right to introduce its wishes, suggestions, questions, and claims to us concerning the Website and Service operation and, in other cases, when rapid communication with our specialists is necessary under the Terms.
8.7. The Customer has the right to request authorization to post advertisements on the Website.
8.8. The Customer has the right to request authorization to copy and use the Content and other information that our Website contains on other websites.
8.9. The Customer has the right to post the Content, provided that this Content:
8.9.1. complies with the law of the country of his residence;
8.9.2. does not comprise violence, obscenities, insults, harm, threats, slander, false information, or pornography;
8.9.3. does not undermine other persons' honor, 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;
8.9.4. does not stoke racial, religious, national, ethnic, or social tensions;
8.9.5. does not printable 3D models, which are replicas or realistic depictions of weapons;
8.9.6. 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;
8.9.7. does not violate the rights of minors, their guardians, and representatives;
8.9.8. does not comprise any information that shall be confidential under Applicable law and/or any contractual obligations;
8.9.9. does not contain any viruses or malware;
8.9.10. does not contain any advertisement that 3DWORLD does not expressly authorize;
8.9.11. does not comprise any Spam and Flood.
8.10. The Customer is liable for the compliance of the Content with the law of the country of his residence.
8.11. 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.
8.12. If another Customer's Content has violated Your rights or interests, you have the right to apply to us with a request to take action. Therefore, You should provide us with a written notice that contains details of the violation and a hyperlink to such Content.
9. THE STATUSES
9.1. The “Customer” Status is assigned to a person's Account after this person completes the Registration and accepts the Terms. Therefore, such a person has rights and obligations under the Terms.
9.2. The “Author” Status is assigned to the Customer's Account after the Customer uploads its first Model to the Website Database and accepts the “ Terms of Use for Authors ”. Therefore, such Customer (Author) has rights and obligations under the Terms and the “ Terms of Use for Authors ”.
10. THE LICENSE TO USE MODELS
10.1. 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, royalty-free, and revocable license (after this - the “License” ) and the rights to:
10.1.1. record Models on electronic media, for example, on a CD, DVD, flash drive, or portable hard drive, including recording in the memory of a computer or mobile phone;
10.1.2. 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.);
10.1.3. 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;
10.1.4. 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;
10.1.5. 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, and import across the customs border of electronic media with written Models on them;
10.1.6. rent, lease, or loan (including for free) of the manufactured form of Models, including those made in three dimensions or two dimensions;
10.1.7. 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;
10.1.8. 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, by 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 portfolio on the Internet;
10.1.9.use the downloaded Model to create Derivative Works under the Terms, namely
10.1.9.1. 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;
10.1.9.2. reworking of the Model only into a two-dimensional work, that is, creating a derivative two-dimensional work using the Model and your 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 10.1 Terms with an exclusive opportunity to conclude licensing agreements;
10.1.9.3. use the Model as part of a complex object, for example, as part of an audiovisual work (film, advertising video, etc.), or a theatrical performance, but without the right to use it as part of a database;
10.1.9.4. 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;
10.1.9.5. 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.).
10.2. In addition to clause 10.1 of the Terms, the Customer is prohibited from
10.2.1. distribution of Models recorded on electronic media (hard disks, etc.);
10.2.2. 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 their own free will, for example, uploading the original Model downloaded from the Website to the Internet;
10.2.3. conclude licensing (sub-licensing) agreements with third parties regarding our 3D models;
10.2.4. sell or donate electronic media containing our 3D models, such as flash drives or hard drives;
10.2.5. rent out or free rent (loan) with our 3D models, such as flash drives or hard drives;
10.2.6. upload the 3D models in their original form on the Internet;
10.2.7. include 3D models in any database catalogs;
10.2.8. create your 3D models based on our 3D models.
10.3. A designer or a person of a similar profession can distribute the result of rework ONLY if the created works are in a two-dimensional final form. Rework involves making your creative input.
10.4. Otherwise, we prohibit distributing our 3D model without making our creative input for its further commercial use in the ways mentioned in the Terms (clause 10.1), 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.
10.5.When using the downloaded Models, you must comply with the following requirements:
10.5.1. Changing the Model does not make it a separate Derivative Work. Thus, the modified copy of the Model remains the Model licensed to you and licensed to us by the Author.
10.5.2. 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 broader 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.
10.5.3. 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.
10.5.4. Customers 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 (closed-source application formats) so that Models cannot be opened or imported into a publicly available software application or framework or retrieved without breaking the technology. Consequently, Models should not be included in Derivative Works with 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 they are protected somehow and cannot be exported.
10.5.5. 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.
10.5.6. Models must not be used for any defamatory, pornographic, obscene, or racist purpose or to violate the intellectual property rights of any person.
10.5.7. Models should not be used to create marks for goods and services or a logo for a legal entity.
10.5.8. You must not impersonate the actual creator of the Model.
10.6. 3DWORLD allows the Customer to use the Model without mentioning the Author's name, that is, anonymously, but prohibits impersonating the author of the Model.
10.7. 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.
10.8. Specific Models containing images, logos, trademarks and service marks, brand names, and other intellectual property may require additional licenses, rights, and permissions to use. The 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.
10.9. 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.
10.10. Models should not be used to create trade or service marks. The Terms do not contain consent to register objects of copyright as trademarks and service marks.
10.11. The Customer's use of the Models must not undermine the honor, dignity, or reputation of others.
10.12. The Customer must ensure that their 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.
10.13. This License is valid during the term of these Terms. Termination of the Terms will result in the revocation of this License.
10.14. If your license is revoked, you must immediately stop using the downloaded Models and delete all of them and any copies you have made.
10.15. Breach of the Terms immediately terminates your rights and License to use the Models.
10.16. You are solely responsible to the Model Authors for any violation of the terms of this License.
11. PRICES AND PAYMENTS
11.1. The price for access to the Expanded subscription for a (1) one-month period equals 18.00 USD.
11.2. 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.
11.3. The price for access to downloading the Models from the PRO category is equal to 7.00 USD per access to downloading one such Model.
11.4. The minimum order is access to 2 Models from the PRO category. The maximum order is access to 200 Models from the PRO category.
11.5. If the Customer is a legal entity, such a company can purchase access to 1000 Models from the PRO category minimally. The company representative sends a free-form application to e-mail: support@3dsky.org , after which he/she receives an additional invoice to be paid. After payment of the invoice, the legal entity receives the purchased accesses to 3D models to the registered account.
11.6. The price includes the cost of our Services to You and the license fee for the right to use the Models.
11.7. The Customer shall pay for the Services by an advanced payment of 100% of the price for the Services.
11.8. All payments under these Terms are deemed effective after they have been transferred to our business account or via the payment systems mentioned on the Website.
11.9. The Customer shall be considered as having performed its payment obligations from the date when a payment is debited from its account.
11.10. You must pay all third-party taxes and fees (in particular, telephone company, cell phone, and internet service provider fees, data transfer fees, credit card fees, currency exchange, and international currency transactions). Our company is not responsible for such applicable fees. Please contact your financial institution with questions about payments.
12. TRADEMARKS
12.1. The "3dsky" logo and any other product, service, or slogan name contained on the Site are trademarks of 3DWORLD and may not be copied, imitated, or used, in whole or in part, without the prior written permission of 3DWORLD.
12.2. You may not use any metatags or any other "hidden text" utilizing "3dsky" or any other name, trademark product, or service name of 3DWORLD without our prior written permission. In addition, the appearance of the Site, including all page headers, custom graphics, button icons, and scripts, is a service mark, trademark and/or trade dress of 3DWORLD and may not be copied, imitated, or used in whole or in part, without our prior written permission.
12.3. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Site are the property of their respective owners. Mention of any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute their endorsement, sponsorship, or recommendation by us.
13. PRIVACY
13.1. Information about how we collect, use, share, or otherwise process information about you and your use of our Site and Service is set out in our Privacy Policy.
13.2. The Parties have agreed that any information contained in the Parties' correspondence, other communications, notices, and materials relating to these Terms (except for that information which cannot be classified as a legally protected secret under applicable law) is confidential information and shall not be disclosed by the Party receiving such information without prior authorization of the transmitting Party. Information on the fact of the conclusion of the Terms is not confidential.
13.3. Each of the Parties undertakes to take all appropriate measures to ensure non-disclosure of confidential information, including providing its employees with access to such information only to the extent necessary for the respective Party to exercise its rights and obligations under the Terms and Conditions. At the same time, the respective Party undertakes to duly inform its employees who have access to confidential information about the mode of its use and the inadmissibility of its disclosure.
14. TERMINATION OF THE TERMS
14.1. These Terms can be terminated wholly or partially by each Party unilaterally at any time. The Party that wishes to terminate the Terms should notify the other Party via email. Therefore, the Terms terminate only upon such notice.
14.2. In case of termination, the possibility of a refund for Services is described in a separate Refund Policy, which constitutes the part of Agreement.
14.3. Terminating the Terms results in the suspension of our Services, as well as the access to downloading of the Models and revocation of the License.
14.4. The license for Models from the PRO category, access to which was obtained by the Сustomer on a paid basis, is not revoked upon termination of the Terms unless the Terms are terminated due to a violation of its conditions by the Customer or if the Authors of these Models themselves revoke such Licenses under the Terms of Use for Authors.
14.5. These Terms will remain in effect even after your access to the Site and Service is terminated or your use of the Site and Service ceases.
15. PARTIES' LIABILITY
15.1. Our Services, the Website, and the Models are available to You on an “AS IS” and “AS AVAILABLE” basis. Therefore, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability, and fitness for a particular purpose.
15.2. The developers of the Website Software and 3DWORLD are not liable for any consequences of the Website and the Service operation and for meeting the Customers' expectations and requirements.
15.3. We shall not be liable for any misrepresentation, modification, or illusion of the Content displayed on the Website, even though it caused a negative judgment against the Customer.
15.4. 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 loss 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.
15.5. The Website content is informational only. We shall not be liable for inaccurate data and possible losses caused by using information from the Website.
15.6. 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.
15.7. If we are found liable for the Customer's violation of the rights and/or interests of third persons and other law provisions, the Customer shall fully reimburse the losses suffered by 3DWORLD in connection with such violation.
15.8. The Customer acknowledges that any breach of these Terms 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.
16. INDEMNIFICATION
16.1. You agree to defend and indemnify 3DWORLD (and its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates) and hold us harmless from any lawsuits or claims (including attorneys' fees) arising out of or relating to your actions, use (or misuse) of our Website or Service, your violation of the Terms, or your Account's violation of another's rights, including, without limitation, any rights of confidentiality.
16.2. 3DWORLD shall not be liable for damages, including lost profits, resulting from the transmission of malicious software by third parties and other users as a result of your use of the Service or the Website.
17. GOVERNING LAW AND JURISDICTION
17.1. The Parties have agreed to establish a mandatory pre-trial claim settlement procedure for all disputes and disagreements arising on issues related to the performance or interpretation of the Terms. The Party to the Terms that has received a claim is obliged to send to the other Party a response to the claim within 30 (thirty) calendar days from its receipt.
17.2. The laws of England and Wales shall govern the Terms. Suppose you and 3DWORLD are unable to resolve a dispute through informal negotiations. In that case, any claim or proceeding arising out of or relating to these Terms shall be brought under the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce, and both parties irrevocably submit to the exclusive jurisdiction of such courts. All notices, requests, and other communications under these Terms shall be in writing (e-mails shall be deemed to be in writing).
17.2.1. The number of arbitrators in such proceedings shall be one.
17.2.2. The place of arbitration shall be Stockholm, Kingdom of Sweden.
17.2.3. The language used in the arbitration shall be English.
18. TRANSFER OF RIGHTS TO LEGAL SUCCESSORS
18.1. The rights and obligations of the parties under these Terms may be transferred to the parties' legal heirs and assigns in succession as permitted by law.
18.2. 3DWORLD may not assign its rights under these Terms without notice, except in the event of bankruptcy, merger, acquisition, or sale of all or substantially all of 3DWORLD's assets to a subsequent owner, operator, or similar event. You may not assign your rights under these Terms without the prior written consent of 3DWORLD.
19. MISCELLANEOUS
19.1. Unless otherwise stated herein, these Terms (including, without limitation, the policies and other agreements referenced herein) constitute the entire and exclusive understanding and agreement between 3DWORLD and you for the Website and Service, and these Terms supersede all prior oral or written understandings or agreements between 3DWORLD and you with respect to the Website and Service.
19.2. One user shall have only one Account; therefore, the user's additional Accounts can be deleted by us at our sole discretion and without notice or refund.
19.3. If, for whatever reason, one or more provisions of these Terms are invalid or unenforceable, such circumstance shall not affect the validity or enforceability of the remaining provisions of these Terms.
19.4. The Website may contain links to third-party websites or other events or activities not owned or controlled by 3DWORLD. 3DWORLD does not endorse and is not responsible or liable for third-party websites, information, materials, products, or services. If you access a third-party website from the Website, you do so at your own risk and understand that these Terms and our Privacy Policy do not apply to your use of such sites. You expressly release 3DWORLD from any and all liability arising from your use of any third-party website, service, or content.
20. CONTACT US!
20.1. If you have any questions regarding our Website or your interactions with it, please do not hesitate to contact us at support@3dsky.org .
20.2.Details of the Company: 3DWORLD LTD, Company number: HE 403245, registered in Cyprus 7-9 Riga Feraiou, LIZANTIA COURT, Office 310, Agioi Omologites, 1087, Nicosia, Cyprus).
Please read these Terms of Use carefully before using our Service!
This Terms of Use for Authors is effective from September 18, 2024
Please read these Terms of Use for Authors (after this — the “Terms”) carefully before continuing and accepting it.3DWORLD LTD(after this — “we”, "our", “us”, and “3DWORLD” ) is a Cyprus company that operates the service (“3dsky”,“Service”) 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.
For the purposes of these Terms, 3DWORLD LTD and Author are referred to as Parties, and individually — Party.
1. MAIN PROVISIONS
1.1.This document is the official public offer addressed to the Authors of 3dsky for the purpose of entering into Terms under the terms and conditions stipulated below.
1.2.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.
1.3.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, please stay refrain from uploading the Models to our Website Database.
1.4.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 now certify that:
1.4.1.You are a legally capable individual 16 years of age or older,
1.4.2.have the capacity to enter into a legally binding agreement with 3DWORLD,
1.4.3.have read and agree to be bound by these Terms,
1.4.4.if you represent a legal entity or individual entrepreneur, you represent and warrant that you are fully and legally authorized to act on behalf of such legal entity or individual entrepreneur, to accept and comply with these Terms, to use the Service and this website, including the purchase of 3D models in accordance with these Terms.
1.5.The Terms shall become effective upon posting on the Site and shall remain in effect indefinitely. 3DWORLD may modify these Terms from time to time in its sole discretion without specific notice. Changes will be effective when the updated version of the Terms is posted at https://3dsky.org/faq/116/show. Your continued use of the Service constitutes your acceptance of such changes. PLEASE READ THESE TERMS CAREFULLY AND CHECK THESE TERMS OF USE PERIODICALLY FOR CHANGES.
1.5. These Terms of Use for Authors must be read with the Terms of Use for Customers, Refund Policy, Privacy Policy, and Cookie Policy as they collectively constitute the entire Agreement (hereinafter — “Agreement”) between you and us. All definitions of terms used herein for which no definitions are provided shall have the same meaning as defined in our Terms of Use for Customers, Refund Policy, Privacy Policy, and Cookie Policy.
2. OUR SERVICE
2.1. 3DWORLDis a creative community and marketplace where independent authors/artists ("Authors") can upload their own 3D models ("Models"). These Models are then available for purchase by customers ("Customers") following these Terms. Our website also allows Authors and Customers to communicate with other Authors and Customers by posting/leaving content on the website (e.g., leaving comments and participating in discussion forums). By purchasing Models, you are buying licenses to those Models.
2.2.Models uploaded to the 3DWORLD Marketplace are created by independent Authors who are not employees, agents, or representatives of 3DWORLD. Authors are responsible for ensuring that they have all necessary rights to their Models and do not violate third parties' rights by posting them on 3DWORLD.
2.3.3DWORLD may not give legal advice or make legal judgments as to whether a Model infringes anyone's intellectual property. 3DWORLD may remove materials cited concerning alleged intellectual property infringement upon notice. For questions regarding alleged copyright infringement or any other alleged intellectual property infringement, please contactsupport@3dsky.org.
3. DEFINITIONS
3.1.“Account” is the personal section of the Website to which the Author gets access after registering as a Customer and/or logging in to the Website; It contains a set of data related to the Author, including its personal data and 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.
3.2.“Terms”is the text of these Terms of Use for Authors with all its annexes, amendments, and supplements available at: https://3dsky.org/faq/116/show.
3.3.“Net Revenue” is the revenue generated by 3DWORLD from providing (selling) access to the Models from the PRO category, uploaded by You to the Website Database, to Customers under the Terms of Use for Customers during the relevant Reporting Period.
3.4.“Reporting Period” is a period of 7 (seven) calendar days.
3.5.“Rating” is the rank of the Author that it may obtain depending on the total quantity of its Models from the PRO category downloaded by Customers pursuant to the Terms of Use for Customers. The downloads of the Author’s Models from the PRO category by other Authors for free do not count when the Rating is determined. The table 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.
3.6.The definitions used in the Terms of Use for Customers shall also be used in these Terms of Use for Authors.
3.7.The Terms may contain concepts not defined above; in this case, such concepts will be interpreted in accordance with the text of the Terms, Applicable law, scientific doctrine, and business practice.
4. SUBJECT MATTER UNDER THESE TERMS
4.1.Pursuant to these Terms, 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 these Terms.
4.2.3DWORLD provides the Service to the Author, distributes its uploaded Models, and splits the Net Revenue with the Author.
5. ACCEPTANCE OF THE OFFER AND THE EFFECTIVE PERIOD OF THE TERMS
5.1.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 these Terms and accepts all of them in full without any exemptions or limitations whatsoever.
5.2.These Terms 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 these Terms. Termst 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.
6. GRANTING OF LICENSE TO 3DWORLD TO USE THE MODELS
6.1.When the Author uploads the Model to the Website Database, Author grants 3DWORLD a non-exclusive and royalty-free 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:
6.1.1.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 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;
6.1.2.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;
6.1.3.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;
6.1.4.public performance, that is, the presentation of the Model in live performance or through 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;
6.1.5.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;
6.1.6.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;
6.1.7.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 fiber, or similar means;
6.1.8.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;
6.1.9.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, by uploading the Model to the Internet;
6.1.10.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;
6.1.11.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 6.1 of the Terms;
6.1.12.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, or a multimedia product, but without the right to use it as part of a database;
6.1.13.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 6.1 of the Terms;
6.2.The Author authorizes 3DWORLD to use the Model anonymously without specifying the Author's name.
6.2.1. 3DWORLD reserves the right at any time at its sole discretion to request the Author's documents and other information in order to verify its identity. We verify Authors’ identities in order to prevent and detect improper use of the Models. The documents and other information that We can request may include, but are 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, the Author’s portfolio or website, etc.
6.3.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.
6.4.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.
6.5.All rights to the Models uploaded by the Author to the Website Database will remain with the Author. Therefore, nothing in these Terms affects the Author's right to use or sell the Models created by the Author outside the Website.
6.6.100% (one hundred per cent) of the elements of the Model must be created personally by the Author.
6.7.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.
6.8.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 displayed 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.
6.9.The Author grants 3DWORLD the right to protect the Author's rights to the Models uploaded to the Website Database in the following ways:
6.9.1. communicate on behalf of the Author in any way with persons who violate/are 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;
6.9.2.send official claims and demands to persons who violate the author's rights to the Models uploaded to the Website Database;
6.9.3.submit any kind of complaints against those who violate the author's rights to the Models uploaded to the Website Database;
6.9.4.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 these Terms.
6.10. This License shall be effective during the Effective period of these Terms. The termination of these Terms shall result in the revocation of this License.
7. YOUR ACCOUNT
7.1.To access the Website and Services, which we may create, maintain, and modify from time to time at our sole discretion, you must create an Account. You are responsible for tracking all activity in your Account and agree to:
7.1.1.Provide accurate, current, and complete information about yourself as may be prompted in any registration forms on the Site ("Registration Data");
7.1.2.Maintain and promptly update the Registration Data and any other information you provide to 3DWORLD to keep it accurate, current, and complete;
7.1.3.Maintain the security of your password and identification information;
7.1.4.Promptly notify 3DWORLD of any unauthorized use of your Account or other security breach;
7.1.5.Assume full responsibility for all activities that occur using your Account, including, but not limited to, all applicable taxes and any applicable third-party fees (including, but not limited to, credit card fees and currency exchange fees);
7.1.6.Assume all risks of unauthorized access to your Account and any other information you provide to 3DWORLD;
7.1.7.Never transfer or "sell" your Account to any third party.
8. UPLOADING OF THE MODELS TO THE WEBSITE DATABASE
8.1.When You upload a Model, we will moderate it before adding it 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 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.
8.2.The Models shall meet at least the following requirements to be downloaded to the Website Database:
8.2.1.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.);
8.2.2.the Models shall not display violence, obscenities, insults, harm, threats, slander, false information, or pornography;
8.2.3.the Models can not be printable 3D models, which are replicas or realistic depictions of weapons;
8.2.4.the Models shall not undermine other persons’ honor, dignity, or reputation;
8.2.5.the Models shall not stoke racial, religious, national, ethnic, or social tensions;
8.2.6.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;
8.2.7.the Models shall not contain any information that may be deemed confidential pursuant to the Applicable law and/or any Termsual obligations;
8.2.8.the Models shall not contain any viruses or malware;
8.2.9.100% (one hundred percent) of all the elements of the Model(s) shall be created by You personally;
8.2.10.the Models shall include proper Model preview files (such files must, at the very minimum, meet the requirements listed on Model preparation to uploading into the database);
8.2.11.the size of the Model archive file must not exceed 150 (one hundred fifty) Megabytes;
8.2.12.the size of the Model preview file must not exceed 1 (one) Megabyte;
8.2.13.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;
8.2.14.the Models shall have correct and proper wire grid;
8.2.15.the Models shall not contain excess geometry, cameras, lights, helpers, particles, and other elements that are unnecessary and impede the proper view of the Models;
8.2.16.the Models shall be relevant;
8.2.17.the Models shall be furnished with proper materials and textures;
8.2.18.the Models created with “Autodesk 3ds Max” for students are not acceptable.
8.2.19.the Models shall be furnished with a proper and detailed description;
8.2.20.the version of the Model shall be as early as it possibly provided by Your version of “Autodesk 3ds Max.” for example, “Autodesk 3ds Max 2016” will be a 2013 version;
8.2.21.names of materials, textures, elements of the Models, the whole path to the Models, and all folder names must be in English;
8.2.22.textures, materials, and elements of the Models must be properly named in English (for example, names like “1”, “2”, and “3” are not accepted); they must also be relevant, reasonable, and logical;
8.2.23.textures of each Model must be saved into a single folder;
8.2.24.You need to ungroup objects before uploading;
8.2.25.You need to provide the Models with relevant tags;
8.2.26.the Models shall be placed in zero coordinates without turning on the axis;
8.2.27.at least one of the Model preview files shall be a preview of the wire grid;
8.2.28.the scene of the Model shall be in millimeters;
8.3.The Models, at the very minimum, must meet the following, in addition to the aforementioned requirements, to be added to the PRO category:
8.3.1. the PRO-Models must be high in polycount 3d models, the quality of which shall be superior to that of the other Models;
8.3.2. 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;
8.3.3. the PRO-Models shall be furnished with attractive, properly rendered previews of higher quality that shall comprise 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 %) (five-ten per cent).
8.3.4. the PRO-Models must be more up-to-date and sought-after by Customers than those from other categories;
8.3.5. the PRO Models shall have more detailed descriptions than those from other categories.
8.4. 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.
9. NET REVENUE SHARE AND PAYMENTS
9.1.3DWORLD sets all of the fees payable for the access to the Models.
9.2.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.
9.3.The information on the quantity of the Models from the PRO category, 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.
9.4.3DWORLD 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:
9.4.1.Payments to the Authors that use Webmoney are made once each Reporting Period (weekly) on Wednesdays. The minimum payment amount is 1,000 (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.
9.4.2.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 1,000 (one thousand) Russian rubles, and for Payoneer, this amount is 5,000 (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.
9.5.The moment of such payouts can be postponed, but not more than for the period of 1 (one) calendar month.
9.6.Upon termination of these Terms, 3DWORLD shall, within 15 (fifteen) banking days, pay the Author a share of the Net Revenue earned by the Author before the Terms termination date.
9.7.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.
9.8.The Author shall bear all the costs in connection with currency conversion of its earnings.
10. TRADEMARKS
10.1.The "3dsky" logo and any other product, service, or slogan name contained on the Site are trademarks of 3DWORLD and may not be copied, imitated, or used, in whole or in part, without the prior written permission of 3DWORLD.
10.2.You may not use any metatags or any other "hidden text" utilizing "3dsky" or any other name, trademark product, or service name of 3DWORLD without our prior written permission. In addition, the appearance of the Site, including all page headers, custom graphics, button icons, and scripts, is a service mark, trademark and/or trade dress of 3DWORLD and may not be copied, imitated, or used in whole or in part, without our prior written permission.
10.3.All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Site are the property of their respective owners. Mention of any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute their endorsement, sponsorship, or recommendation by us.
11. PRIVACY
11.1.Information about how we collect, use, share, or otherwise process information about you and your use of our Site and Service is set out in our Privacy Policy.
11.2.The Parties have agreed that any information contained in the Parties' correspondence, other communications, notices, and materials relating to these Terms (except for that information which cannot be classified as a legally protected secret under applicable law) is confidential information and shall not be disclosed by the Party receiving such information without prior authorization of the transmitting Party. Information on the fact of the conclusion of the Terms is not confidential.
11.3.Each of the Parties undertakes to take all appropriate measures to ensure non-disclosure of confidential information, including providing its employees with access to such information only to the extent necessary for the respective Party to exercise its rights and obligations under the Terms and Conditions. At the same time, the respective Party undertakes to duly inform its employees who have access to confidential information about the mode of its use and the inadmissibility of its disclosure.
12. TERMINATION OF TERMS
12.1.These Terms may be terminated entirely or partially by each of the Parties unilaterally at any time. The Party that wishes to terminate the Terms should notify the other Party about it via email. Therefore, the Terms may be terminated only upon receipt of such notice by one of the Parties.
12.2.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 deletion of the Models from the PRO category, 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).
12.3.The termination of these Terms shall result in revocation of Your Author Status, and You will, therefore, be free of the obligations and rights under these Terms. However, termination of these Terms shall not result in termination of the Terms of Use for Customers, which You have entered into, and forfeiting of Your Customer Status.
12.4.Termination of the Terms of Use for Customers, which You have entered into, shall result in the termination of these Terms.
12.5.These Terms will remain in effect even after your access to the Site and Service is terminated or your use of the Site and Service ceases.
13. PARTIES’ LIABILITY
13.1.Our Services, the Website, and the Models are made available to You on an “AS IS” and “AS AVAILABLE” basis. We, therefore, disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability, and fitness for a particular purpose.
13.2.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.
13.3.We shall not be liable for any misrepresentation, modification, or distortion of the Models’ displays on the Website, even though it may cause a negative impact on the Author’s reputation.
13.4.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.
13.5.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.
13.6.The Author warrants and represents that:
13.6.1.the information provided to 3DWORLD at our request to perform our obligations is correct;
13.6.2.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 these Terms;
13.6.3.its execution of these Terms 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, suitable to use images of people both living and deceased;
13.6.4.the Author obtained all the necessary permits.
13.7.The Author is responsible for payment of taxes that apply to the payout of its earnings that 3DWORLD makes to the Author under these Terms (including, but not limited to, income tax).
13.8.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.
13.9.The Author acknowledges that any breach of these Terms 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.
14. INDEMNIFICATION
14.1.You agree to defend and indemnify 3DWORLD (and its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates) and hold us harmless from any lawsuits or claims (including attorneys' fees) arising out of or relating to your actions, use (or misuse) of our Website or Service, your violation of the Terms, or your Account's violation of another's rights, including, without limitation, any rights of confidentiality.
14.2.3DWORLD shall not be liable for damages, including lost profits, resulting from the transmission of malicious software by third parties and other users as a result of your use of the Service or the Website.
15. GOVERNING LAW AND JURISDICTION
15.1.The Parties have agreed to establish a mandatory pre-trial claim settlement procedure for all disputes and disagreements arising on issues related to the performance or interpretation of the Terms. The Party to the Terms that has received a claim is obliged to send to the other Party a response to the claim within 30 (thirty) calendar days from its receipt.
15.2.The laws of England and Wales shall govern the Terms. Suppose you and 3DWORLD are unable to resolve a dispute through informal negotiations. In that case, any claim or proceeding arising out of or relating to these Terms shall be brought under the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce, and both parties irrevocably submit to the exclusive jurisdiction of such courts. All notices, requests, and other communications under these Terms shall be in writing (e-mails shall be deemed to be in writing).
15.2.1.The number of arbitrators in such proceedings shall be one.
15.2.2.The place of arbitration shall be Stockholm, Kingdom of Sweden.
15.2.3.The language used in the arbitration shall be English.
16. TRANSFER OF RIGHTS TO LEGAL SUCCESSORS
16.1.The rights and obligations of the parties under these Terms may be transferred to the parties' legal heirs and assigns in succession as permitted by law.
16.2.3DWORLD may not assign its rights under these Terms without notice, except in the event of bankruptcy, merger, acquisition, or sale of all or substantially all of 3DWORLD's assets to a subsequent owner, operator, or similar event. You may not assign your rights under these Terms without the prior written consent of 3DWORLD.
17. MISCELLANEOUS
17.1.Unless otherwise stated herein, these Terms (including, without limitation, the policies and other agreements referenced herein) constitute the entire and exclusive understanding and agreement between 3DWORLD and you for the Website and Service, and these Terms supersede all prior oral or written understandings or agreements between 3DWORLD and you with respect to the Website and Service.
17.2.One user shall have only one Account; therefore, the user’s additional Accounts can be deleted by us at our sole discretion and without notice or refund.
17.3.If, for whatever reason, one or more provisions of these Terms are invalid or unenforceable, such circumstance shall have no effect on the validity or enforceability of the remaining provisions of these Terms.
17.4.The Website may contain links to third-party websites or other events or activities not owned or controlled by 3DWORLD. 3DWORLD does not endorse and is not responsible or liable for third-party websites, information, materials, products, or services. If you access a third-party website from the Website, you do so at your own risk and understand that these Terms and our Privacy Policy do not apply to your use of such sites. You expressly release 3DWORLD from any and all liability arising from your use of any third-party website, service, or content.
18. CONTACT US!
18.1.If you have any questions regarding our Website or your interactions with it, please do not hesitate to contact us at support@3dsky.org.
18.2.Details of the Company: 3DWORLD LTD,Company number: HE 403245, registered in Cyprus 7-9 Riga Feraiou, LIZANTIA COURT, Office 310, Agioi Omologites, 1087, Nicosia, Cyprus).
Please read this Refund Policy carefully before using our Service!
This Refund Policy is effective from September 18, 2024
Please read this Refund Policy carefully before continuing and accepting it. 3DWORLD LTD (after this – “we”, “our”, “us”, and “3DWORLD”) is a Cyprus company that operates the service (“3dsky”, “Service”) 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.
For the purposes of this Refund Policy, 3DWORLD LTD and Customer are referred to as Parties, and individually – Party.
We have prepared this Refund Policy to explain when you, as a Customer (after this – “you” and “Customer”), can request a refund for products and services acquired from the Service.
BY MAKING ANY PURCHASE THROUGH THE SERVICE (EITHER THE PURCHASE OF AN EXPANDED SUBSCRIPTION, THE PURCHASE OF PRO MODELS OR ANY OTHER PURCHASE MADE THROUGH THE SERVICE), YOU HEREBY EXPRESSLY CONSENT TO THE IMMEDIATE PERFORMANCE OF THIS AGREEMENT AND ACKNOWLEDGE THAT YOU WILL LOSE YOUR RIGHT OF WITHDRAWAL FROM THE AGREEMENT ONCE OUR SERVERS VALIDATE YOUR PURCHASE OF PRO MODELS AND THE APPLICABLE PURCHASE OF PRO MODELS IS SUCCESSFULLY DELIVERED TO YOU. YOU ALSO HEREBY EXPRESSLY AGREE TO WAIVE YOUR RIGHT TO A REFUND FOR ANY SUCH PURCHASES, INDIVIDUALLY OR IN TOTAL.
1. ENTIRE AGREEMENT|
This Refund Policy must be read with the Terms of Use for Customers, Privacy Policy, and Cookie Policy as they collectively constitute the entire Agreement (hereinafter – “Agreement”) between you and us. All definitions of terms used herein for which no definitions are provided shall have the same meaning as defined in our Terms of Use, Privacy Policy, and Cookie Policy.
2. PURCHASE OPTIONS
Our Website provides several purchase options that Customers can choose from. Depending on the Models the Customer desires to get access to for downloading, purchase options may differ.
3dsky provides two main purchase options for using specific Service features:
- “Purchase of an Expanded subscription” – the act of buying by the Customer the subscription that allows to download and use a total of 30 (thirty) Models from the FREE or OM categories per 24-hour period during the applicable period. Customers can purchase an Expanded subscription for a period of 5 (five) days, 10 (ten) days, 1-12 months, whichever the Customer elects.
- “Purchase of PRO Models” – the act of buying by the Customer the right to use and download the Models from the PRO hereunder, provided that it paid the fees under the Terms.
The Purchase of PRO Models can be made in one of two ways:
- Purchasing PRO Models through the cart:
Step 1 – add PRO Models to the cart (minimum purchase amount 14 USD);
Step 2 – pay for your purchase. - Download PRO Models for the accesses:
Step 1 – buy the accesses (minimum purchase amount 14 USD);
Step 2 – download any PRO Model for access.
All PRO Models purchased through the cart or downloaded for access are available for repeated downloads from the model page or your purchase history an unlimited number of times.
After choosing the desired purchase option by Customer, entering Customer’s information, and completing the transaction, we will process the payment. If the payment is successful, we will send you a payment confirmation.
Then, we will update your purchase information and provide you with access to the appropriate Service features.
3. TERMINATION OF SERVICES AND REFUND ELIGIBILITY
According to the Terms of Use for Customers (hereinafter – “Terms”), each Party can terminate it wholly or partially unilaterally at any time. The Party that wishes to terminate the Terms should notify the other Party via email. Therefore, the Terms terminate only upon such notice.
With the termination of the Terms, the Customer is excluded from using the functions of the Services, except as directly described in this Refund Policy.
In the event of termination and suspension of the Terms, you agree that the Purchase of PRO Models is final, that we will not refund any such transaction once made, and that the Purchase of PRO Models cannot be canceled unless the refund provisions are specified in this Refund Policy and applicable to your particular circumstances.
Alongside this, you agree that the Purchase of an Expanded subscription is final, that we will not refund any such transaction once made, and that the Purchase of an Expanded subscription cannot be canceled unless the refund provisions are specified in this Refund Policy and applicable to your particular circumstances.
4. RIGHT OF WITHDRAWAL
We are not liable for any refund due to defect/dysfunction on your Device, including but not limited to inability to download and/or problems due to Internet connectivity.
If you live in the European Union, you have certain rights to withdraw from distance purchases; however, please note that when you order the Purchase of PRO MODELS, you acknowledge and agree that you accept and consume such purchase promptly once our servers validate your such purchase and the purchased PRO Models or Services (accesses to download PRO Models) is successfully delivered to you and therefore your right of withdrawal is lost at this point.
BY MAKING THE PURCHASE OF PRO MODELS, YOU HEREBY EXPRESSLY CONSENT TO THE IMMEDIATE PERFORMANCE OF THIS AGREEMENT AND ACKNOWLEDGE THAT YOU WILL LOSE YOUR RIGHT OF WITHDRAWAL FROM THE AGREEMENT ONCE OUR SERVERS VALIDATE YOUR PURCHASE OF PRO MODELS AND THE APPLICABLE PURCHASE OF PRO MODELS IS SUCCESSFULLY DELIVERED TO YOU.
5. PAYMENT METHOD RESTRICTIONS AND ALTERNATIVES
If we incur costs and/or expenses because a payment is declined and this is your fault (e.g., because there are insufficient funds in the account or the credit card limit has already been exhausted), then we are entitled to bill you for the actual costs and/or expenses incurred.
Where there is a legitimate reason, we reserve the right for each purchase option to refrain from offering specific payment methods and to specify alternative payment methods.
6. CONTACT US!
Please submit any notices and requests relating to this Refund Policy to us via support@3dsky.org.