Rules

Terms of Use

Welcome to the website 3dsky.org!

Read this Terms of Use carefully before continuing and accept it. If you do not agree to the terms of this Agreement and binding documents specified herein or you are not authorized to enter into the agreement on their basis you must immediately stop using the Service.
This document “Terms of Use” is a public offer of Marus Holding LTD (hereinafter referred as “Company”) to enter into an agreement for use of the Service as follows.

1. Terms and definitions:

1.1. Agreement shall mean the text of this document with all its annexes, amendments and supplements available on: http://3dsky.org/faq/49/show, and an agreement with a User concluded on its terms.
1.2. User shall mean an individual who has reached the age of 14 (fourteen) years wishing to use or has already been using the Website in accordance with the terms of the Agreement.
1.3. Registration shall mean successful filling of the registration form by the User which enables to create a Personal Account of the User on the Website.
1.4. Personal Account shall mean a set of data relating to the User including the information given by the User and the internal information of the Service relating to the User.
1.5. Messages and Materials (Content) shall mean informative statements and other posts of the User relating to the Website topics including pictures taken by the User and the materials of other nature approved by the Website which have been posted by the User and are available for an unlimited number of Website visitors.
1.6. Spam shall mean Messages and Materials which contravene the current legislation of the Russian Federation and/or legitimate interests of the Company and/or legitimate interests of the third persons including promotional Messages and Materials distributed without Company’s authorization.
1.7. Flood shall mean Messages and Materials which does not relate to the topics of the Website sections where they have been posted by the User as well as empty and meaningless, obscene posts or those which only aim to upgrade User’s rating.
1.8. Website shall mean websites hosted in domains 3ddd.ru, 3dsky.org and their subdomains.
1.9. Service (Services) shall mean a set of technical and technological opportunities of the Website provided to the User by the Company after accepting the Agreement. 
1.10. Software shall mean computer programs and a database ensuring the Website operation and storage of the information related thereto including audiovisual displays generated by those programs.
1.11. Model shall mean the three-dimensional object image uploaded to the Website by the Licensor as well as associated scripts, textures and other materials intended for use by the other Website Users on the terms of this Agreement and on the terms of the Offer, should it be necessary.

2. Subject of the Agreement

2.1. Use of the Service of any kind within its functionalities by the User including

  • viewing of the Messages and/or Materials posted on the Website;
  • registration and/or log in to the Website;
  • posting or display on the Website of any Messages and/or Materials including but not limited to: texts, hyperlinks, images, audio and video files, data and/or other information;
  • other use of the Service functionalities;

creates an agreement on the terms of this document and binding documents specified herein in accordance with the provisions of Articles 437 and 438 of the Civil Code of the Russian Federation.
2.2. If the User has taken advantage of any of the above mentioned opportunities of the Service he confirms that:
а) He has been fully familiar with the terms of the Agreement and binding documents specified herein before starting to use the Service.
b) He fully accepts all the terms of the Agreement and binding documents specified herein without any exemptions or limitations whatsoever and he shall follow them or stop using the Service.
2.3. The Agreement is considered by the Parties and accepted by the User together with Website Terms and Privacy Policy only which shall be binding for the Parties and an integral part of the Agreement.
2.4. The User acknowledges that the Website and the Service are complex results of intellectual (creative) activity and accepts the Website on an “as is” basis. The User has the right at any time and at his sole discretion to refuse the use of the Website and the Service.
2.5. The terms of this Agreement regulating the procedure of Messages and Materials posting and procedure of the Service use shall be binding for the User immediately after the registration.
2.6. The Company has the right not to provide unregistered visitors of the Website with any opportunities of the Service. 
3. Rights and obligations of the Company

3.1. The Company has the right to improve the Service, increase its opportunities.
3.2. The Company has the right to notify the User of the new Service opportunities via e-mail address specified by the User at the stage of Registration.
3.3. The Company has the right to modify the Website in any way at its sole discretion without the prior consent of the User, to change the Website design and Service terms, add new Services, stop providing Services in particular and also terminate access to the Website during the performance of works mentioned above. 
In case of considerable termination of access to the Website and/or the Service (more than 24 hours) the Company shall make every effort to notify the User, should it be possible.
3.4. The Company has the right to promote the Website and the Service; to post advertising materials on any page of the Website including but not limited to: contextual advertising, banners, online video, animating and advertising commercials.
3.5. The Company has the right to deny the registration of any User, temporarily suspend access to the Personal Account of the User and delete the Personal Account of the User without prior notice and without explanation if not otherwise provided by the separate contract with the User.
3.6. The Company reserves the right to change the terms of the Agreement unilaterally and without prior notice to Users making an updated text available on: http://3dsky.org/faq/49/show
3.7. The Company has the right to take measures stipulated by the Agreement against the User violating the terms of the Agreement as well as to insist on imposing sanctions prescribed by the legislation of the Russian Federation on the User.
3.8. The Company shall take all the measures in its power to ensure privacy of the personal data of the User specified by him at the stage of registration and in the following use of the Service in accordance with the Privacy Policy.  
3.9. The Company has the right to monitor the content of Messages and Materials including changing or editing of Messages and Materials at its option (deletion of obscene words, correction of grammar mistakes in particular with the signed annotation “deleted/corrected by the moderator”) without prior consent of the User as well as deletion of Messages and Materials at any time without prior notice. The User accepts that the Company is not obliged to identify the User by posting his name, contacts and/or pictures in particular.
3.10. The Parties agree that the Website and the Service are complex intellectual products and that posted Messages and Materials become an integral part of these products. The User therefore shall accept that the Company fully possesses exclusive copyright to this compound (complex) work including Messages and Materials of the User and other Website visitors.

4. Rights and obligations of the User:

4.1. The User guarantees that he has reached the age of full 14 (fourteen) years and that he has the right to enter into this Agreement.
4.2. The User has the right to use the Website and the Service in accordance with the Agreement.
4.3. The User has the right to get familiar with any information of the Website. The User accepts that access to some kind of information can be limited due to additional organizational and technical or legal procedures specified by the Company and/or Service Terms and Conditions as well as because of the Service failure.
4.4. After registration on the Website the User has the right to post Messages and Materials which content fully comply with the legislation of the Russian Federation and which as well:

  • do not include obscenities, insults, harm, threatens, slander, false information or pornography;
  • cannot and do not aim to prejudice honour, dignity or reputation of other persons (do not include unfounded suggestions against the third persons, unverified facts and such mentions of the third persons which can affect demand for their services and work in particular);
  • do not encourage religious, racial, ethnical or national discord;
  • do not contain violence;
  • do not contain unauthorized borrowings, plagiarism, breach of rights to a name, or otherwise violate rights to results of intellectual activity and means of identification of the Company and the third persons stipulated by the law (copyright, related rights, patent rights, know-how rights, trademark rights, etc.) and do not copy other materials posted on the Website by the User as well;
  • do not violate rights of minors, their guardians and representatives;
  • do not contain information which constitutes commercial, office, medical, bank secrecy or other as well as other data access to which is limited by the legislation of the Russian Federation;
  • are free of viruses or other computer codes, programs and files  aimed at disruption of functionality of technical means (computer, telecommunication equipment, etc.);
  • do not contain advertisement unless it agreed by the Company;
  • do not contain Spam and Flood.

4.5. The User shall take full personal responsibility for the content of Messages and Materials, for their compliance with the rules of the Russian and international law. 
4.6. The User has no right to copy and borrow Messages and Materials from other Internet resources, mass media and other information sources in bad faith (without consent of the owner) and post them on the Website.  The User is fully responsible for violation of the legislation concerning intellectual property.
4.7. The User guarantees that he is an author and a sole owner of the exclusive right to use Messages and Materials posted on the Website by the User and that any other persons will not take any claims against the Company in relation to the use of Messages and Materials on the Website. Use of other persons’ works as quotations is authorized in accordance with the Civil Code of the Russian Federation only, in exceptional circumstances and in restricted volume, provided that the name of the author whose work is used and the source of the loan are mentioned, or with a Company’s consent only. 
4.9. The User has the right to introduce his wishes, suggestions, questions and claims to the Company in relation to the Website and Service operation as well as in other cases when rapid communication with a Company’s specialist or with a developer of the Website Software is necessary in accordance with section 8 of the Agreement.
4.10. In accordance with section 8 of the Agreement the User shall immediately notify the Company:

  • if any registered user violates the terms of the Agreement;
  • in case of copying and using of the informative content of the Website including certain Messages and Materials on other websites.


5. Liability limitation

5.1. By using the Website and the Service the User accepts that their operation may not be correct and agrees that authors of the Website Software and the Company are not financially responsible for any consequences of the Website and the Service operation, for working capacity of technical means of the User and for compliance of the Website and the Service with the User’s purposes.
5.2. The Company shall not be responsible for any misrepresentation, modification and illusion of display of Messages and Materials of the User on the Website even though it caused a negative judgment against the User. 
5.3. The User agrees that the Company shall provide the Website and the Service operation but it shall not be responsible for trouble-free operation, for possible loss of Messages and Materials and for other inconveniences and losses during the Website use.  
5.4. The Company shall not be responsible for non-performance or improper performance of its obligations due to failures in the telecommunications and energy networks, the actions of malicious programs as well as unfair actions of the third persons to obtain unauthorized access and/or removal failure of the Software/hardware complex of the Company.
5.5. The Website content is informational only. The Company shall not be responsible for inaccurate data. The Company shall not be responsible for possible losses which can be caused by using information from the Website.
5.6. The Company is totally separated from the Content posted on the Website by the User and it shall not check nature, authentication and safety of such Content or its components as well as its compliance with the requirements of the applicable law and the User’s rights for its distribution and/or use.

6. Intellectual property

6.1. The User has the right under the Agreement to use the Website and the Service on the terms of the Agreement during its validity period.
6.2. Other use of the Website and/or the Service including copy (reproduction) of the Website Content and elements of the Website design and the Software, their decompilation and modification is strictly prohibited.
6.3. The Company has the right to set limits and other technical restrictions of use of which the Users will be occasionally notified in a way chosen by the Company.  
6.4. The User accepts that the Company has exclusive right (in full) both for mentioned products and their components and derived products.
6.5. By acceptance of the terms of the Agreement the User provides the Company with a free common (non-exclusive) license for use of the Content he added to the Website.
6.6. Mentioned non-exclusive license for use of the Content is granted to the Company at the same time when the Content is added to the Website for the entire validity period of exclusive rights for the objects of copyright and (or) related rights shaping such Content, to be used in all the countries of the world.
6.7. Under non-exclusive license granted to the Company the Content can be used in the following ways:

  • to reproduce the Content that is to embody one or more copies of the Content as well as to record and store it on the electronic media (reproduction right);
  • distribute copies of the Content that it to provide access to the reproduced Content including network and other distribution as well as sale, renting, loan including import for any of this purposes (right of distribution);
  • to display the Content in public (right for the public display);
  • to perform the Content in public (right for public performance);
  • to provide the Content so that any person at any time and from any place would have online access to it at his option  (right for making available to the public);
  • to modify the Content that is to transform or to alter the Content in any way including the translation of the Content from one language into another (right of modification);
  • to assign the rights, wholly or partially, to the third persons (right for sublicense).


7. Liability of the User

7.1. Spam and Flood are prohibited. 
7.2. In case of the third persons’ claims relating to the User’s violation of property and/or personal non-property rights of the third persons as well as prohibitions and limitations stipulated by the law the User shall upon the Company’s request officially identify himself providing the Company with a notarized obligation to settle accrued claims by his own efforts and at his own expense specifying his passport details.
7.3. If in the Company’s opinion the Content violates the terms of the Agreement the Company has the right at its sole discretion to apply sanctions including but not limited to:

  • a warning of the User;
  • blocking of the User’s Personal Account without granting the right for re-registration on the Website in particular;
  • demand to impose on the User sanctions prescribed by the current legislation of the Russian Federation.

7.4. The Company has the right to delete or block any Messages or Materials of the User as well as to delete or block the User’s Personal Account without prior notice or without explanation. 
7.5. In accordance with the legislation of the Russian Federation the User shall bear civil, criminal and administrative liability for use of the Website, the Service and the Software otherwise than stipulated by the Agreement which shall be deemed as violation of the rights of the Company and the third persons. 
7.6. If the Company is found liable for the User’s violation of the rights and/or interests of the third persons or if it is subjected to any penalties or prohibitions and restrictions prescribed by the law the User shall fully reimburse losses suffered by the Company.

8. Review of complaints and requests

8.1. If your rights and/or interests have been violated in relation to the Service use and posting of inadequate Content on the Website by another User you shall notify the Company. Thus you shall provide the Company with a written notice containing details of the circumstances of violation and hyperlink to the network address of the Content use of which violates your rights and/or interests.
8.2. Any questions, suggestions, comments, complaints and other messages of the User concerning the Website and the Service operation shall be sent to the Company to the following e-mail address:site3ddd@yandex.ru or via the feedback form available on http://3dsky.org/feedbacks/new 
8.3. The Company shall not be responsible for the User’s receipt of an answer for his request. If the User has not received a Company’s answer within 30 (thirty) days after the receipt of the request the User send a renewed request to the mail address of the Company specified below in section of details by registered mail with acknowledgement of receipt.
8.4. The Company shall not consider messages of the User sent to the Company which do not enable to identify the User.
8.5. If the User does not agree to the reasoning of the Company’s answer he has the right to send a renewed letter containing details of the situation or/and question or/and suggestion to the Company.
8.6. Any claims of the User directly addressed to the Company or relating to the Website shall be settled before trial in accordance with a procedure of written messages exchange mentioned above.
8.7. If claims and disputes cannot be resolved by means of negotiations they shall be settled in accordance with the Code of Civil Procedure of the Russian Federation on the basis of the legislation of the Russian Federation at the Basmanny Municipal Court of Moscow (contractual jurisdiction).

9. Notification
9.1. By acceptance of the Agreement the User gives his consent to receive informative electronic messages (hereinafter referred as “notifications”) concerning important events occurring within the Website or in connection with it via e-mail address specified in his Personal Account.
9.2. The Company has the right to use notifications to notify the User of changes or new opportunities of the Website and/or the Service and/or of change of the Agreement or Binding documents stipulated thereby.
10. Use of electronic signature
10.1. During the relationship between the Company and the User electronic documents authorized by a common electronic signature can be used.
10.2. An electronic signature which confirms the fact of forming of the electronic signature directly by the User by using his login and password or e-mail specified in the Personal Account of the User (electronic signature key) shall be recognized as a common electronic signature.
10.3. By mutual agreement of the Parties electronic documents signed by the common electronic signature shall be equivalent to hardcopy documents with a handwritten signature.
10.4. The Company identifies the User applying a common electronic signature by login and password of the User specified at the stage of registration or/and log in to the Service – in case of any actions relating to the Service use, or by the User’s e-mail – if the Company has received messages from this e-mail. 
10.5. Any actions performed by use of the common electronic signature shall be deemed performed by such a User.
10.6. If the User uploads the Model to the Website or registers an order for purchase of an access to the Model by using the software in his Personal Account or by sending an electronic letter to the Owner from the address specified in his Personal Account it certifies signing of such an electronic document with the common electronic signature of the User and confirms his intention to enter into a separate contract concerning such Models.
10.7. The User shall keep electronic signature key in secret. The User has no right to share his login and password or provide access to his e-mail to the third persons and he shall be fully responsible for their safekeeping and individual use choosing a way of their keeping and restriction of an access to them on his own.  
10.8. In case of an unauthorized access to login and password, their loss or disclosure to the third persons the User shall immediately notify the Company by an electronic letter from the e-mail address specified in his Personal Account.  
10.9. In case of loss or an unauthorized access to the e-mail specified in the Personal Account the User shall immediately change such an e-mail and notify the Company by an electronic letter from the new e-mail.

11. Validity of the Agreement

11.1. The Agreement shall come into force upon its acceptance by the User and remains in force indefinitely.
11.2. The Owner could unilaterally amend or terminate the Agreement without prior notice and without any associated compensation.
11.3. The User is bound to accept provisions of a new version of the Agreement for further operation of the User’s Personal Account.
11.4. The User has the right not to accept a new version of the Agreement during the Company’s notification of the User of change of the Agreement which will be followed by immediate deactivation of access to the Personal Account. The Company therefore reserves the right to keep the User’s data in accordance with the Privacy Policy. 
11.5. Current version of the Agreement is available on http://3dsky.org/faq/49/show

12. Other terms and conditions
12.1. Registered User defines the terms and use of the Personal Account and other functionalities of the Service on his own provided they do not interfere with the Agreement.
12.2. Applicable law. The Agreement, procedure of its conclusion and performance as well as the issues which are not stipulated by the Agreement shall be governed by the current legislation of the Russian legislation.
12.3. Arbitration. All disputes that arise between the Parties in connection with this Agreement shall be settled in court at the Company’s location in accordance with the current Russian Federation Code of Civil Procedure.
12.4. Company’s details:
Marus Details:
MARUS HOLDING LTD
Registration No      137,692
Address: 864 Northern Highway, Trellis Building
Belize City, Belize

The current version of the Agreement of 01.11.2014

Terms of Use has been drawn up by the legal company IT-LEX

License Agreement

This document "License Agreement" is an offer of Marus Holding LTD (hereinafter referred as “Company") to enter into an agreement on the terms and conditions stated below.

1. Terms and definitions

1.1. Words and expressions used in the License Agreement shall have the following meaning unless otherwise provided herein:

а) License (Agreement) shall mean the text of this document with all its annexes, amendments and supplements available on: http://3dsky.org/faq/50/show as well as an agreement with the Licensor concluded on its terms.

b) Licensor shall mean a Website User who entered into an agreement with a Company on the terms of this document for its own benefit or for the benefit of others.

c) Model shall mean three-dimensional object image uploaded to the Website by the Licensor as well as  associated scripts, textures and other materials intended for use by the other Website Users on the terms of this Agreement and on the terms of the Offer, should it be necessary. 

d) Offer shall mean an offer of the Company to conclude a Contract for paid services with a possible use of the Model addressed to the Website Users.

e) Contract shall mean Paid services contract between the Company and the User (the Customer under the Contract) entered into on the basis of the Offer.

f) Personal Account shall mean personal section of the Website to which the Licensor gets access after registration and/or log in to the Website. The Personal Account shall be intended for storage of the Licensor’s personal information, for review of statistical information on the license fee for using of his Models under the Contracts, current status of the Statistics’ data and for receipt of notices.

g) Statistics shall mean information on a number of the “PRO” Models used under the Contracts, accrued and paid license fee. The Licensor gets an access to the Statistics through the Personal Account.
h) Website of the Company / Website shall mean automated information system available on 3dsky.org.

i) Reporting Period shall mean a calendar month after the date of the conclusion of the Agreement until the date of its termination.

j) Net Profit shall mean the revenue obtained from using the Licensor’s Models under the Contracts during the relevant reporting period net of any tax, bank charges and costs for payments systems associated with its obtaining.

1.2. The Agreement can include terms and definitions which are not stipulated by paragraph 1.1. In this case such a term shall be construed according to the text of the Agreement.  If there are the terms and definitions in the Agreement lack of identical interpretation they shall be construed according to: firstly – End User License Agreement and Binding documents specified herein, secondarily – the Contract, and thereafter - the legislation of the Russian Federation, business practice and scientific doctrine.

 

2.  Procedure of entering into an agreement. License.
2.1. A binding condition for the conclusion and execution of the Agreement shall be consent of the Licensor with the requirements and provisions taken with regard to the Parties stipulated by the following binding documents for the Parties: 
2.3.1  Terms of Use available on http://3dsky.org/faq/49/show, which stipulates general conditions of the Website use as well as specified prohibitions and liability limitations.
2.3.2. Privacy Policy available on http://3dsky.org/faq/54/show, which stipulates the terms of processing of the Licensor’s personal data.

2.3.3. Website Terms available on http://3dsky.org/faq/51/show, which stipulate the requirements for the Models and the procedure of their posting on the Website, including uploading of the Model by the Licensor and its possible check by the Company.

2.2. If the Licensor uploads (reproduces) a copy of the Model with the help of the software available on the Website after log in to the Personal Account this action shall be deemed sufficient for the conclusion of the Agreement on the terms stipulated herein.

The action mentioned above confirms that the Licensor is familiar with and accepts the terms stipulated herein, and it creates an agreement between the Company and the Licensor on the following terms in accordance with the provisions of Articles 437, 438, 1235, 1236 and 1286 of the Civil Code of the Russian Federation.

2.3. Upload of the Model to the Website for the purposes of the Agreement shall be construed as any action performed by the Licensor with the use of the Website software after log in to the Personal Account resulting in the picture of the Model being publicly available on the page “3 d Models” in accordance with the procedure specified in the Binding documents.

2.4. Upload of the Model to the Website becomes possible after registration and log in to the Website in accordance with the procedure specified by the Company and stipulated by the Binding documents. The uploaded Models shall fully comply with the Company requirements available on the Website. 

2.5. The Licensor in accordance with this Agreement shall grant the Company the right to use the Models reproduced (uploaded) to the Website by him on the terms of the non-exclusive license.

2.5. The Company has the right to use the Models in accordance with the terms of the Agreement the following ways:

2.5.1  to reproduce the Models that is to embody one or more copies of the Model  as well as to record and store it on the electronic media (right of reproduction);

2.5.2. to display the Models in public (right for the public display);

2.5.3. to communicate the Models so that any person at any time and from any place would have online access to them at the choice of that person  (right for making available to the public);

2.5.4. to modify the Model that is to transform or to alter the Models in any way (right of modification);

2.5.5.  to grant other users in the manner of sublicense the rights stipulated by paragraphs 2.5.1, 2.5.2. and 2.5.3. for creation of derived works and their further demonstration except for the creation of mass products. 

2.6. The right for using of the Models granted to the Company shall cover the territory of all countries in the world for the entire validity period of the exclusive right for such Models.

 

3 Payment and fees

3.1 As compensation for using  model «PRO» category Company agrees to pay the Licensor a license fee in the amount of 50% to 70% (fifty to seventy percent) of  net incoming according  basis of the relevant reporting period. License fee depends on the size of  current user rating of sales: http://3ddd.ru/sell_rating 

3.2. The Licensor gives his consent that the Company will independently calculate an amount of the license fee according to the data of the internal registration system and accounting system of the Company.

3.3. The Company shall pay a fee to the Licensor within 5 (five) banking days following the end of each Reporting Period provided that the amount of payable fee exceeds 300 (tree hundred) rubles. Otherwise the payment of the fee shall be delayed until the end of the Reporting Period where the amount of the fee is above the specified minimum.

3.4. In case of the termination of the Agreement the Company shall transfer a license fee to the Licensor payable on the date of the termination of the Agreement within 15 (fifteen) banking days.

3.5. If the Licensor fails to submit the data necessary to identify him and make a payment in his favor then the Company shall delay the payment until the Licensor submits all the necessary data. 

3.6. The Payment shall be made in Russian rubles, US dollars or Ukrainian hryvnias by transfer to the Licensor’s account or by any other means chosen by the Licensor among those available on the Website.



4.  Guarantees

4.1. The Licensor guarantees:

4.1.1. the information provided to the Company is correct;

4.1.2. the Licensor is the only owner or  otherwise authorized to grant the right for the Models use under the Agreement;

4.1.3. providing and using of the Model in accordance with the obligations under the Agreement does not contravene the requirements of the legislation and does not infringe upon the personal property and non-property rights of the third persons including, but not limited to copyright and related rights, rights for trademarks, service marks and appellations of origin of goods, patent rights for inventions, utility models and industrial samples, right for using of the pictures of people, both living and deceased; the Licensor has obtained all the necessary permits (has concluded relevant contracts).

4.2. The Company shall not be responsible for the failure of the guarantees by the Licensor. 

 

5. Liability of the Parties

5.1. The Parties are responsible for the failure or improper performance of obligations under the Agreement in accordance with the current legislation of the Russian Federation.

5.2. If the failure of the guarantees by the Licensor follows by any claims or legal actions to pay damages (payment of an indemnity) taken against the Company by the third persons and/or state authorities, or by   bringing the action of an administrative violation, the Licensor shall immediately on the request of the Company provide it with all the requested information concerning the subject matter of the dispute and contribute to the settlement of such disputes as well as cover all the damages (including legal expenses and costs incurred in connection with fine payment) suffered by the Company as a result of such claims and legal actions and administrative liability resulting from the violation of the third persons’ rights and/or the current legislation followed by using of the Models provided by the Licensor. 

5.3. In case of infringement of obligations to pay the license fee by the Company, the Licensor has the right to demand penalties in size of 0.1% of the sum of nonpayment after the date on which the relevant request was filed, as well as to refuse to perform the Agreement by deletion of the Models provided earlier from the Website.

5.4. The Parties are exempt from the responsibility for partial or full default of conditions of the Agreement if such default is consequence of force majeure circumstances occurred after its conclusion. These circumstances include in particular:
natural calamities; natural and industrial disasters; acts of terror; civil disorders; military operations;  acts approved by state or local authorities which ban or restrict the work of the Parties under the Agreement; other circumstances which cannot be foreseen and prevented and make the performance of
the Agreement impossible.

5.5. In case of occurrence of force majeure circumstances which affect the performance of the Agreement, the time stipulated for the fulfillment of the obligations shall be extended for a period equal to that during which such circumstances will remain in force and also for a period of time necessary for elimination of the consequences but for no more than 60 (sixty) calendar days. If the above mentioned circumstances continue to be in force for more than 60 (sixty) calendar days or when it becomes obvious for both Parties that they will continue to be in force for more than the stipulated period, the Agreement shall end.


6. Final provisions

6.1. The Agreement with the Licensor shall come into force upon its signing and remains in force indefinitely.

6.2. The Agreement could be terminated ahead of  schedule:

6.2.1. By mutual agreement between the Parties at any time.

6.2.2. At the Licensor’s initiative by refusing to perform the Agreement, wholly or partially, by deletion of all or certain Models of the Licensor from the Website. In this case the Agreement with regard to the licenses for the Models deleted shall end upon the performance of obligations under the Contracts with its use concluded by the Company before deletion of the Model from the Website by the Licensor.

6.2.3. At the Company’s initiative by refusing to perform the Agreement, wholly or partially, by notice of the Licensor in the Personal Account or via e-mail. The Agreement shall be deemed completely terminated or in a certain part specified in the notice on expiry of the 3-day (three) term after the date on which the notice was given.

6.2.4. For other reasons stipulated by the Agreement or the current legislation.

6.3 The provisions of sections 3 – 6 of the Agreement shall remain in full force and effect after early termination of the Agreement. 

6.4. The Parties may send notices under the Agreement to each other: 1) via e-mail а) to the e-mail address of the Licensor specified in the Personal Account from the e-mail address  of the Company stipulated by section7 of the Agreement, in case the notice is addressed to the Licensor and b) to the e-mail address of the Company stipulated by section 7 of the Agreement from the e-mail address  of the Licensor specified in the Personal Account; 2) via electronic notice for the Licensor in the Personal Account; 3) via fax; 4) via mail with acknowledgement of receipt or via courier service with acknowledgement of delivery.

6.5. By acceptance of the Agreement the Licensor willfully and knowingly, for his own benefit gives an indefinite irrevocable written consent for personal data processing of any kind in accordance with the Privacy Policy.  

6.6. The Agreement, procedure of its conclusion and performance as well as the issues which are not stipulated by the Agreement shall be governed by the current legislation of the Russian Federation.

6.7. All disputes that arise between the Parties in connection with the Agreement shall be settled in Basmanny Municipal Court of Moscow in accordance with the current Russian Federation Code of Civil Procedure.

6.8. If any of the clauses or/and conditions of the Agreement is recognized invalid or/and of no juridical power, such recognition does not influence the validity of any other clauses and conditions of the Agreement which remain in force.

6.9. Without contravening the terms and conditions of the Agreement, the Parties have the right at any time to make the concluded Agreement in writing where the content of the current Agreement is contained.

6.10. The Company shall unilaterally amend or withdraw this offer of the conclusion of the Agreement without prior notice of the Licensor and without any associated compensation.

7. Company’s details

Marus details:
MARUS HOLDING LTD
Registration No 137,692
Address: 864 Northern Highway, Trellis Building
Belize City, Belize

The current version of the Agreement of  01.10.2016


The License Agreement has been drawn up by the legal company IT-LEX.

WEBSITE TERMS

1. General provisions
1.1. These Website Terms are an integral part of the Terms of Use (hereinafter referred as “Agreement”) available on: http://3dsky.org/faq/49/show as well as other contracts with the User if this is expressly provided by their terms.
1.2. The legislation of the Russian Federation shall be applied to this document including interpretation of its provisions, procedure of its acceptance, performance, changing and termination.
1.4. The Website Terms hereinafter include terms and definitions stipulated by the Agreement as well as by other contracts with the User unless otherwise stipulated by these Terms. In other cases the terms shall be construed according to the current legislation of the Russian Federation, business practice and scientific doctrine.
2. Liability limitation

   2.1. BY USING THE WEBSITE AND THE SERVICE THE USER ACCEPTS THAT THEIR OPERATION MAY NOT BE CORRECT AND AGREES THAT AUTHORS OF THE WEBSITE SOFTWARE AND THE COMPANY ARE NOT FINANCIALLY RESPONSIBLE FOR ANY CONSEQUENCES OF THE WEBSITE AND THE SERVICE OPERATION, FOR WORKING CAPACITY OF TECHNICAL MEANS OF THE USER AND FOR COMPLIANCE OF THE WEBSITE AND THE SERVICE WITH THE USER’S PURPOSES. 
   2.2. THE COMPANY SHALL PROVIDE THE WEBSITE AND THE SERVICE OPERATION BUT IT SHALL NOT BE RESPONSIBLE FOR TROUBLE-FREE OPERATION, FOR POSSIBLE LOSS OF THE MATERIALS AND FOR OTHER INCONVENIENCES AND LOSSES DURING THE WEBSITE USE.
   2.3. THE COMPANY SHALL NOT BE RESPONSIBLE FOR NON-PERFORMANCE OR IMPROPER PERFORMANCE OF ITS OBLIGATIONS DUE TO FAILURES IN THE TELECOMMUNICATIONS AND ENERGY NETWORKS, THE ACTIONS OF MALICIOUS PROGRAMS AS WELL AS UNFAIR ACTIONS OF THE THIRD PERSONS TO OBTAIN UNAUTHORIZED ACCESS AND/OR REMOVAL FAILURE OF THE SOFTWARE/HARDWARE COMPLEX OF THE COMPANY. 
   2.4. THE WEBSITE CONTENTS ARE INFORMATIONAL ONLY. THE WEBSITE ADMINISTRATION SHALL NOT BE RESPONSIBLE FOR INACCURATE DATA. THE COMPANY SHALL NOT BE RESPONSIBLE FOR POSSIBLE LOSSES WHICH CAN BE CAUSED BY USING INFORMATION FROM THE WEBSITE. 


3. Registration of the User

3.1. Use of certain functionalities of the Service is authorized after registration on the Website only. 
3.2. The Company has the right to define and change at its sole discretion a list of functionalities which can be used after registration only as well as a list of paid services and their provision. 
3.3. Some technical, organizational, financial and commercial Service terms as well as its functionalities and paid services can be reported to Users by posting information on the Website, through the Personal Account or by notifications in accordance with the Terms of Use accepted. 

4. Website Gallery

  Gallery on 3dsky.org (hereinafter referred as “Gallery”) is an integral part of the Website and regulated by these Website Terms. The Materials shall be posted in the Gallery in accordance with the rules below:
   1. Only registered User accepted these Terms and the Terms of Use has the right to post messages and materials on the Website.
   2.  After registration on the Website the User has the right to post messages and materials which contents fully comply with the legislation of the Russian Federation and the requirement of the Terms of Use.
   3. The User has no right to copy and borrow messages and materials from other Internet resources, mass media and other information sources in bad faith (without consent of the owner). 
   4. The Company has the right to delete or edit messages and materials which do not comply with the Gallery rules and the Website Terms as well as to set up limitations on the length and volume of the messages. 
   5. Account of the User trying to post Messages and Materials which do not comply with the above requirements can be immediately terminated (the User’s Provider will be thus notified). IP addresses of all messages and materials are kept to monitor such violations. 
   6. The views expressed in all Messages and Materials posted in the Gallery by the User are those of the User.
   7. The User shall be fully and personally responsible for the content of messages and materials, their compliance with Russian and international law. 

 

5. Website Chat

  Chat on 3dsky.org (hereinafter referred as “Chat”) is an integral part of the Website and regulated by these Website Terms. The Materials shall be posted in the Chat in accordance with the rules below:
   1. Only registered User accepted these Terms and the Terms of Use has the right to post messages and materials on the Website.
   2.  After registration on the Website the User has the right to post messages and materials which contents fully comply with the legislation of the Russian Federation and the requirement of the Terms of Use.
   3. The User has no right to copy and borrow messages and materials from other Internet resources, mass media and other information sources in bad faith (without consent of the owner).  
   4. The Company has the right to delete or edit messages and materials which do not comply with the Chat rules and the Website Terms as well as to set up limitations on the length and volume of the messages. 
   5. Account of the User trying to post Messages and Materials which do not comply with the above requirements can be immediately terminated (the User’s Provider will be thus notified). IP addresses of all messages and materials are kept to monitor such violations. 
   6 The views expressed in all Messages and Materials posted in the Chat by the User are those of the User.
   7. The User shall be fully and personally responsible for the content of messages and materials, their compliance with Russian and international law. 

6. Database of 3d Models and terms of it use

   1. The Website contains a database of 3d Models, textures, materials and scripts (hereinafter referred as Database) available for Users. A 3d Model (hereinafter referred as Model), a copyright object, is a separate item of the Database.
   2. Each Model belongs to FREE category, OM category or PRO category which regulates its terms of use. PRO Model is available for Users participating in forming and updating of the database (Users who uploads Models of their own creation get PRO account). The User shall add at least five FREE Models and at least five PRO Models to the database to get access to PRO materials.
   3. Each registered User gets access to 3 (three) FREE Models or Om Models per day. The Website is located in the Moscow Time Zone (GMT +4:00). The counters are reset to zero at 12 am Website Time.
   4. Members who have PRO account, get free access to download models from any category. Free access ammount  dependents on the current user rating of sales: http://3ddd.ru/sell_rating
   5. If the User does not have PRO account he can get access to PRO Models on a paid basis in accordance with the terms of the Public Offer available on: http://3dsky.org/faq/53/show.
Users can get access to the Database on the terms of the Public Offer when a number of accessible Models reach maximum according to the limits set up for different accounts.
   6. The Company has the right to change services tariffs according to the Public Offer available on: http://3dsky.org/faq/52/show at its sole discretion without prior notice of the User.
Changed tariffs come into force in 10 (ten) calendar days after posting unless otherwise stipulated herein.
   7. Tariffs for 3dsky.org website can be different from those for 3ddd.ru website.


7. Special terms for PRO accounts holders

   1. The User has the right to upload Models on the Website upon unconditional acceptance of the License Agreement available on: http://3dsky.org/faq/50/show which regulates procedure of its further use by the Company and Users.
2. Each User uploaded a set amount of Models of his own creation to the Website gets an opportunity to take advantage of PRO account.
   3. Model is given FREE category, OM category or PRO category upon uploading.
4. If FREE category or OM category is chosen the Model is added to the database and the User does not get report on its further use.
5. If the Model is given PRO category the User gets report on its use (through the Personal Area) and a fee payable as a part of the income resulting from its use obtained by the Company in accordance with the terms of the License Agreement.
6. PRO-account must be confirmed every 90 days by placing models «PRO» category.

8. Uploading of the Models containing logos and/or trademarks

The User representing a person who owns trademarks and service marks has the right to post Models containing such identification objects to promote good and services of trademarks owners.  Such Models can be posted in OM category only and the Company shall not provide them for commercial use.

9. Other terms of services provision

   1. The Company has the right to modify the Website in any way at its sole discretion without the prior consent of the User, to change the Website design and Service terms and conditions, add new Services, stop providing Services, make earlier free services paid and also terminate access to the Website during the performance of works mentioned above.
In case of considerable termination of access to the Website and/or the Service (more than 24 hours) the Company shall make every effort to notify the User, should it be possible
   2. The Company has the right to adapt, transform and translate Materials posted by the Use to use them on other resources belonging to the Company.
   3. These Website Terms are available on: http://3dsky.org/faq/51/show
   4  These Website Terms come into force in 10 (ten) calendar days after posting.
   5. These Website Terms, the Privacy Policy and the Terms of Use shall be applied to all Users including those registered before posting. Use of the Website resources shall mean that the User accepts and agrees to (conclusive actions) the content of the documents above.


The current version of the Agreement of  01.12.2016

Tariffs
on use of the database of the Models for the Website 3dsky.org

This document “Tariffs” defines the terms of rendering certain Services in accordance with the Public Offer available on http://3dsky.org/faq/53/show.

1. One-time access to PRO Models. 
Price of access to the PRO Model - $6
Tariff terms:                                                    
Minimal order – access to 2 PRO Models.
Maximum order - access to 200 PRO Models.

2. Expanded access to Free Models and Om Models.
Price of access by subscription for one-month period – $9.
Tariff terms:
Increasing daily limit from access to 3 Models up to access to 30 Models.
Minimum subscription period is 1 month
Maximum subscription period is 12 months

 

This document is available on http://3dsky.org/faq/52/show.

The current version of the Agreement of  17.10.2016

PUBLIC OFFER
of a contract for paid services

 

This document is an official offer of Marus Holding LTD. hereinafter referred as “Company” to enter into a contract for paid services as follows.

  1. Terms and Definitions

 

    1. The following terms and definitions are applied to the document and to the relationship between the Parties arising out of the document or connected with it:
      1. Public offer / Offer shall mean the text of the document with all its annexes, amendments and supplements available on: http://3dsky.org/faq/53/show.
      2. Contract shall mean Paid services contract between the Company and the Customer entered into on the basis of the Offer with all Binding documents relating to the contract.
      3. Services shall mean paid services on access to the Models of other Website Users (Licensors) posted on the Website.
      4. Offer Acceptance shall mean full and unconditional acceptance by the Customer of the Offer by taking action, specified in section 9 of the Offer creating the Contract between the Company and the Customer.
      5. Customer shall mean a Website User capable of performing Offer Acceptance (referring to the procedure of the Contract conclusion) or having performed Offer Acceptance (referring to performance of the concluded Contract).
      6. Company’s Website / Website shall mean automated information system available on 3dsky.org.
      7. Personal Account shall mean personal section of the Website to which the Customer gets access after registration and/or log in to the Website. The Personal Account shall be intended for storage of the Customer’s personal information, for registration of Orders, for review of statistical information on the registered Orders, current status of the Statistics’ data and for receipt of notices.
      8. Statistics shall mean information on the funds deposited to and deducted from under the Contract as payment for the Services under the Contracts specified.  The Customer gets an access to the Statistics through the Personal Account.
      9. Order shall mean taking actions by the Customer specified on the relevant page of the Website necessary for drafting of a separate Contract.
      10. Model shall mean three-dimensional object image uploaded to the Website by the Customer as well as associated scripts, textures and other materials intended for use by the other Website Users under the Terms of Use or on the terms of the Offer.
    1. The Offer can include terms and definitions which are not stipulated by paragraph 1.1 of the Offer. In this case such a term shall be construed according to the text of the Offer.  If there are the terms and definitions in the Offer lack of identical interpretation they shall be construed according to: firstly – the documents creating the Contract between the Parties, secondarily – the legislation of the Russian Federation, and thereafter - business practice and scientific doctrine.
    2. Any reference of the Public Offer to a paragraph (a section of the Offer) or/and to its terms shall mean a relevant reference to the Offer (its section) and/or to its terms.

 

  1. Subject of the Contract
    1. The Company shall provide the Services on the basis of registered Orders when technically possible and the Customer shall receive and pay for the Services on the terms of the Offer.
    2. The content of the Services, period and costs as well as other necessary terms of the Contract shall be defined according to the data specified by the Customer at the stage of Order registration in accordance with the terms of Binding documents.
    3. A binding condition for the conclusion and execution of the Contract shall be unconditional acceptance and compliance  by the Customer with the requirements and provisions taken with regard to the Parties stipulated by the following (“Binding documents”):
      1. Terms of Use available on http://3dsky.org/faq/49/show, which stipulates general conditions of the Website use as well as specified prohibitions and liability limitations.
      2. Privacy policy available on http://3dsky.org/faq/54/show, which stipulates the terms of processing of the Customer’s personal data.
      3. Website Terms available on http://3dsky.org/faq/51/show, which stipulate the requirements for the Models and the procedure of their posting on the Website, including uploading of the Model by the User and its possible check by the Company.
      4. Tariffs available on http://3dsky.org/faq/52/show applied by the Company for costing of the Services on the date of the Order registration containing data on number and period of different categories of the available Models in relation to the relevant kind and range of the Services.
    4. The Services are considered to be rendered properly and in full since the Customer has been provided by an access to the Models on the Website in accordance with the terms of the tariff paid.

 

  1. Rights and Obligations of the Parties
    1. The Company shall:
      1. Render the Services in full conformity with the Contract and requirements of the legislation of the Russian Federation.

 

    1. The Company has the right:
      1. Not to begin rendering the Services before it is paid up due to the chosen tariff;
      2. To delay the Services in case of the Customer’s violation of the requirements stipulated by the Contract as well as in other cases by the legislation of the Russian Federation;
      3. To restrict certain actions of the Customer if they threaten proper operation of the Website;
      4. To refuse unilaterally the performance of the Contract in cases stipulated by the current legislation of the Russian Federation and/or by the Offer;
      5. To exercise other rights stipulated by the Contract and the current legislation of the Russian Federation.
    1. The Customer shall:
      1. Comply with the requirements of the Contract and the legislation of the Russian Federation;
      2. Pay for the Services stipulated by the Contract in full when due;
      1. Check for the Company’s notices on the Website (as well as in the Personal Account of the Customer) and e-mail specified by the Customer at the stage of the Order registration;
      2. Refuse unilaterally the performance of the Contract in cases stipulated by the current legislation of the Russian Federation and/or by the Offer;
      3. Perform other obligations stipulated by the Contract and the current legislation of the Russian Federation.
    1. The Customer has the right:
      1. To get access to different categories of the Models under the Contract and according to the paid tariff;
      2. To use the Models he has got access to in accordance with the limitations stipulated by the Offer;
      3. To exercise other rights stipulated by the Contract and the current legislation of the Russian Federation.

 

  1. Cost of the Services and payment terms
    1. Cost of the Services under the Contract shall be defined according to the Company’s Tariffs that are in effect on the date of the Order registration in accordance with the name, range and scope of the Services.
    2. The Customer shall pay for the Services by an advanced payment in the amount of 100% of the cost of the Services.
    3. All payments under the Contract are effected by transferring money to the Company’s bank account or by using payment systems mentioned on the Website.
    4. The Customer shall be considered as having performed his payment obligations from the date of set amount of money crediting to the Company’s account.

 

  1. Guarantees of the Parties
    1. The Company does not make guarantees of any kind neither expressed nor implied in the Offer or on the Website relating to:
      1. compliance of the Model access to which is provided under the Services with the Customer’s need and expectations, its fitness for a particular purpose and lack of design defects;
      2. continued access to the Website, lack of errors in its software, possibility and terms of its recovery as well as other circumstances responsibility for which is limited by the Binding documents.
    2. The Customer guarantees:
      1. the information provided to the Company is correct;
      2. use of the Model access to which is provided under the Services does not contravene the requirements of the Offer and the law and does not infringe upon the personal property and non-property rights of the third persons including but not limited to copyright and related rights, rights for trademarks, service marks and appellations of origin of goods, patent rights for inventions, utility models and industrial samples, right for using of the pictures of people, both living and deceased.

 

  1. Liability of the Parties
    1. The Parties are responsible for the failure or improper performance of obligations under the Contract in accordance with the current legislation of the Russian Federation.
    2. The Company shall be responsible for counter obligations under the Services in case of the Customer’s failure to perform his obligations under the Contract, wholly or partially, or in case of the circumstances giving clear evidence that the obligations will not be performed in due time.
    3. In any case Company’s liability is limited by recovery of actual damages suffered by the Customer in the amount not exceeding paid amount for the Services under the relevant Contract.

 

  1. Force majeure
    1. The Parties are exempt from the responsibility for partial or full default of conditions of the Contract if such default is consequence of force majeure circumstances occurred after its conclusion.  These circumstances include in particular: natural calamities; natural and industrial disasters; acts of terror; civil disorders; military operations; acts approved by state or local authorities which ban or restrict the work of the Parties under the Contract; other circumstances which cannot be foreseen and predicted and can make the performance of the Contract impossible.
    2. In case of occurrence of force majeure circumstances which affect the performance of the Contract, the time stipulated for the fulfillment of the obligations shall be extended for a period equal to that during which such circumstances will remain in force and also for a period of time necessary for elimination of the consequences but for no more than 60 (sixty) calendar days. If the above mentioned circumstances continue to be in force for more than 60 (sixty) calendar days or when it becomes obvious for both Parties that they will continue to be in force for more than the stipulated period, the Contract shall end.

 

  1. Offer Acceptance and Conclusion of the Contract
    1. Offer Acceptance by the Customer creates a Contract between the Customer and the Company (Articles 433, 438 of the Civil Code of the Russian Federation) on the terms on the Offer.
    2. Offer Acceptance is performed by the Customer by taking actions specified below, unless otherwise stipulated by the Website Terms:
    3. registration and submission of the Order by using the software on the Company’s Website;
    4. an advanced payment for the Services in the amount stipulated by the Tariffs on the date of payment.
    5. The Contract shall be deemed concluded from the date the Company’s receipt of the Offer Acceptance.
    6. For the avoidance of doubt, using by the Customer of access to the Models on the Website attesting conclusion of the Contract in accordance with the terms of the Offer.
    7. An unlimited number of Contracts could be concluded with the Customer on the basis of the Offer.

 

  1. Effective Period and Alteration of the Offer
    1. The Offer shall come into force since posting on the Company’s Website and shall be valid until its revocation by the Company.
    2. The Company reserves the right to alter the terms of the Offer and/or revoke the Offer at any time at its sole discretion. The Company shall notify the Customer of the changes by posting on the Company’s Website, in the Personal Account of the Customer or by relevant notice via e-mail or mail specified by the Customer upon conclusion of the Contract or its performance, at its option.
    3. In case of change or revocation of the Offer such changes come into force since notifying the Customer unless otherwise stipulated by the Offer or defined additionally in such a notice.
    4. The Company shall approve, amend and supplement the Binding document for the Parties stipulated by the Offer at its sole discretion and notify the Customer in accordance with a procedure of Customer’s notification of the Offer changes.

 

  1. Effective Period, Alteration and Termination of the Contract
    1. The Contract shall come into force since Offer Acceptance by the Customer and shall be valid: а) until full performance of the obligations under the Contract by the Parties or b) until early termination of the Contract.
    2. In case of revocation of the Offer by the Company within effective period of the Contract, it shall be considered as valid on the terms of the last version of the Offer with all Binding documents.
    3. The Contract may be terminated:
      1. At any time by mutual agreement of the Parties.
      2. At the Customer’s initiative by refusing to perform the Contract, wholly or partially, by notice sent to Company’s e-mail. Thus the Contract terminates only upon notice on refuse to perform the Contract until access to the Model due to the paid tariff was actually provided. Otherwise the Contract shall remain in force until performance of the obligations in full.
      3. At the Company’s initiative by refusing to perform the Contract, wholly or partially, by notice of the Customer in the Personal Account or via e-mail specified. The Contract shall be deemed completely terminated or in a certain part specified in the notice on expiry of the 3-day (three) term after the date on which the notice was given.
      4. For other reasons stipulated by the Offer or the current legislation.
  1. Other terms
    1. The Offer, procedure of its conclusion and performance shall be governed by the current legislation of the Russian legislation. All the issues which are not stipulated by the Offer or are not stipulated in full shall be settled in accordance with the substantive law of the Russian Federation.
    2. Disputes under the Offer or/and the Contract shall be settled in compliance with the preliminary complaint procedure. Should the Parties fail to reach an agreement, the disputes shall be subject to settlement in Basmanny Municipal Court of Moscow.
    3. The Parties may send notices under the Contract to each other, unless otherwise stipulated by the Offer: 1) via e-mail а) to the e-mail address of the Customer specified at the stage of Order registration from the e-mail address  of the Company stipulated by section 12 of the Offer, in case the notice is addressed to the Customer and b) to the e-mail address of the Company stipulated by section 12 of the Offer from the e-mail address  of the Customer specified at the stage of Order registration; 2) via electronic notice for the Customer in the Personal Account; 3) via fax; 4) via mail with acknowledgement of receipt or via courier service with acknowledgement of delivery.
    4. By acceptance of the Offer the Licensor willfully and knowingly, for his own benefit gives an indefinite irrevocable written consent for personal data processing of any kind in accordance with the Privacy Policy.
    5. The Company has the right to request any additional information such as photocopies of the identification documents or credit cards, should it be necessary to verify the Customer’s identity or to prevent fraud. If such additional information is provided to the Company it shall be used and kept in accordance with the terms of the Privacy Policy.
    6. If any of the clauses or/and conditions of the Offer or the Contract is recognized invalid or/and of no juridical power such recognition does not influence the validity of any other clauses and conditions of the Offer or the Contract which remain in force.
    7. Without contravening the terms and conditions of the Offer the Parties have the right at any time to make the concluded Services Contract in writing where the content of the current Offer, the Binding documents stipulated thereby and registered Order are contained.

 

10. Company’s details

Marus details:
MARUS HOLDING LTD
Registration No      137,692
Address: 864 Northern Highway, Trellis Building
Belize City, Belize

The current version of the Agreement of  01.11.2014


The Public Offer has been drawn up by the legal company IT-LEX.

Privacy Policy 

This document “Privacy Policy” (hereinafter referred as “Policy”) stipulates the terms of use of the User’s personal information by Marus Holding LTD (hereinafter referred as “Company”).

1. General provisions

1.1. The Policy is an integral part of the Terms of Use (hereinafter referred as “Agreement”) available on: https://3dsky.org/faq/31/show as well as other contracts with the User if this is expressly provided by their terms.

1.2. By acceptance of the Agreement you willfully and knowingly, for your own benefit give a written consent for personal data processing of the following kind: collection, recording, systematization, storage, specifying (updating, alteration), extraction, use, transfer (distribution, submission, access) to the third parties, including cross-border transfer to foreign countries, depersonalization, blocking, deletion and destruction of the personal data for the purposes stipulated by the Policy using automation solutions or without them at the Company’s sole discretion.    

1.3. The legislation of the Russian Federation shall be applied to this document including interpretation of its provisions, procedure of its acceptance, performance, alteration and termination.

1.4. The Policy hereinafter includes terms and definitions stipulated by the Agreement as well as by other contracts with the User unless otherwise stipulated by the Policy or unless it arises from its essence. In other cases the terms shall be construed according to the current legislation of the Russian Federation, business practice and scientific doctrine.

2. Personal information

2.1. Personal information in the Policy shall be construed as:

2.1.1.  Information the User submits on his own at the stage of registration or log in as well as upon further use of the Service including personal data of the User.   

2.1.2.  Data transferred automatically by the User’s software depending on the settings by the way of depersonalization.

2.2. The Company has the right to set requirements for the content of the Personal information of the User which is bound to be submitted by the User for the Service use. If certain information is not considered as binding by the Company the User can submit and disclose such information at his sole discretion.  

2.3. At the stage of registration the User shall indicate his name (nickname), e-mail address and a password.

The data mentioned before are not included in the personal data.In addition for the purposes of the Contract fulfillment the User may submit the following data: surname, name, patronymic, sex, age, telephone number, banking details for wire transfer in payment systems which comprise his personal data as a whole.

2.4. The Company does not verify authenticity of the personal information submitted and  it does not check if the User has consent for its processing in accordance with the Policy assuming that the User acts carefully and in good faith and makes every effort to provide the Company with relevant and reliable information and to obtain all the necessary consents of the personal data owners.

2.5. The Company has the right to check the compliance of reality of the personal data specified by User at the stage of registration by any legitimate means.

2.6. If the Company has any reasons to believe that the User’s personal data are not correct or reliable the Company has the right to offer the User to specify (correct) the personal data or/and to block access to the Personal Account until the User submits correct personal data. In certain cases, the Company has the right to request the User’s identification documents.

2.7. The User acknowledges and accepts the opportunity of using of the third persons’ software at the Company’s Website resulting in such persons obtaining and transferring depersonalized data mentioned in paragraph 2.1.2.

The third persons’ software mentioned shall include attendance statistics collection systems such as Google Analytics, Yandex.Direct and Mail.ru.

The terms and content of depersonalized data collection using the third persons’ software are determined by their owner and may include the following:

•    browser data (type, version, cookie);

•    operating system data (type, version, screen resolution);

•    request data (time, transition source, IP-address).

2.8. The Company shall not be responsible for use of the User’s personal information by the third persons which the User interacts with within the Service.

3. Purposes of Personal information processing

3.1. The Company process as well as collects and store only that Personal information which is necessary to conclude and perform the contracts with the User.

3.2. The Company has the right to use Personal information for the following purposes:

3.2.1. Conclusion of any contracts through the Service. A contract shall be concluded on a remote basis by the exchange of electronic documents which shall be signed with a simple electronic signature. In this case login – password pair or the User’s e-mail address may be a key of the simple electronic signature that is why they are requested at the stage of registration;

3.2.2. Identification of the User within performance of the obligations under concluded contracts including license for the Models, services concerning access to the Models and invoicing according to the contracts. Personal Account of the User is linked to the login-password and an e-mail address of the User;

3.2.3. Performance of the obligations under concluded Contracts including license for the Models, services concerning access to the Models, using of the other functional capabilities of the Service and technical support by the User. Requests for license and access as well as support calls shall be accepted by using software tools of the Website and e-mail.

3.2.4. Safety and confidentiality of the User’s Personal Information. In order to check suspicious actions, the information on the IP-address and the browser the User uses to visit the Website is collected.

3.2.5. Settlements and refund of the balance in case of termination of the contracts for paid services concluded with the User. For the settlements purposes under the Contracts the User shall submit banking details for wire transfer in payment systems indicated on the Website. In order to refund the money paid under the Contract the User may submit an application providing additional information in accordance with the requirements of the legislation.

3.2.6. Notification within information services and improvement of the Service under the  Contracts concluded including notification involving the third persons. For this purpose at the stage of registration an e-mail address is requested and further the User’s telephone number may be submitted;

3.2.7. Marketing, statistical and other research on the basis of depersonalized data in order to improve the Service provided.  Data from Google Analytics, Yandex.Direct and Mail.ru. in depersonalized form are collected and analyzed in order to know how much time the Users spend on different pages of the Websites, their interests and preferences.

4. Requirement for Personal information protection

4.1. The Company shall keep Personal Information and protects it against unauthorized access and distribution in accordance with internal rules and regulations.

4.2. The User’s personal information shall be kept confidential except the cases when the Service technology or the User’s software settings provide for an open information exchange with other Internet users.

4.3. To improve the Service the Company has the right to keep log files on the actions taken by the User within the Service use as well as in connection with conclusion and performance of the Contracts by the User within 6 (six) months.

5. Information transfer

5.1. The Company has the right to transfer personal information to the third persons in the following cases:

•    The User has given his consent including the User’s applying of the software settings which do not set limitations on certain information submitted;

•    Such transfer is necessary within use of the license for the Models and/or for the functional capabilities of the Service by the User;

•    On request of the court or another authorized state authority within procedure stipulated by the legislation;

•    For protection of the rights and legitimate interests of the Company in connection with violation of contracts concluded with the User.

6. Change of Personal information

6.1. The User has the right to edit Personal Information in his Personal Account submitted at the stage of registration or log in at any time at his sole discretion.

6.2. In case of termination of the concluded Agreement the User has the right to delete the Personal Account by his own or through the Company’s support service using an online form at https://3dsky.org/feedbacks/new

7. Alteration of the Privacy Policy

7.1. The Company has the right to change or terminate this Policy unilaterally without prior notice of the User.   A new version of the Policy comes into force upon posting on the Website unless otherwise stipulated by this new version of the Policy.

7.2. The current version of the Policy is available on: https://3dsky.org/faq/54/show

The current version of the Agreement of  15.06.2017

The document has been drawn up by the legal company IT-LEX