Welcome to www.3dmodelsworld.com (the “Website”). The services on the Website are offered to you by 3D Models World. (“3D Models World”, “we” or “us”), subject to the following terms and conditions. By using the Website and the products and services offered through it, you signify that you have read, understand, and agree to be bound by these terms and conditions of use and all related rules, policies, conditions, and guidelines (the “Terms of Service”).
1. ACCEPTANCE OF TERMS
1.1. These Terms of Service comprise an electronic contract that establishes the legally binding terms you must accept to use the Website.
1.2. By accessing or using the Website, you accept the Terms of Service. We reserve the right to, at our sole discretion, change, modify, add, or delete portions of these Terms of Service at any time without further notice. Should the Terms of Service change, we will post changes to the Terms of Service on the Website. Your continued use of the Website after any such changes constitutes your acceptance of the revised Terms of Service.
1.3. If you breach any provision of these Terms of Service, your right to access and use the Website shall cease immediately
2.1. 3D Models World offers 3D models (the “Models”) on the Website for license by game developers, special effects artists, graphic designers and other professionals.
2.2. Subject to the terms and conditions set out herein, and upon purchase, 3D Models World grants to you a non-exclusive, royalty-free, worldwide right and license (the “Licence”) to copy, distribute, reproduce, adapt, publicly display, publicly perform, digitally perform, transmit, broadcast, telecast, advertise, create derivative works, and market the Models within 2D or 3D computer graphics, movies, printed media, computer games, and animations. The Licence is perpetual unless terminated as described herein.
2.3. All Models and other materials on the Website remain the property of 3D Models World. No title or ownership in the Models is granted to you. The Models are licensed to you, not sold.
3. RESTRICTIONS ON USE
3.1. It is not permitted to:
a) resell, redistribute or publish Models, in a modified or unmodified form:
i) individually or as part of a collection or bundle of 3D models;
ii) with other software such as plugins, 3D programs, or photo-kiosk software;
iii) at ‘print on demand’ services (for print on mugs, t-shirts, mouse mats, etc);
iv) in graphic design themes or templates sold to multiple customers on digital market places, including templates of websites, business cards and e-cards;
v) as skins for laptops, phones and other devices; or
vi) under open source licences;
b) stockpile Models for the purpose of making a 2D models library;
c) use Models for any defamatory, harassing, pornographic, illegal or obscene purpose, or to infringe any party’s intellectual property rights; or
d) represent yourself as the owner or creator of the Models.
4. INTELLECTUAL PROPERTY
4.1. 3D Models World owns and retains all proprietary rights in the Website, the Models, and any trademarks, trade names, service marks and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of 3D Models World. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Website, other than as specifically provided for herein. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
4.2. Subject to Article 2, no licence is granted to you or any other party for the use of 3D Models World’s intellectual property.
5. PERMITTED USE OF WEBSITE
5.1. The Website is not intended for use by minors. By using the Website, you represent and warrant that you are at least 19 years of age. If you are under 19 years of age, you may use the Website only with the involvement of a parent or guardian.
5.2. You are not permitted to use the Website:
a) in any unlawful or fraudulent manner, or any other manner prohibited by these Terms of Service;
b) to upload, transmit, or distribute to or through the Website any computer viruses, worms, or any software intended to damage or alter a computer system or data;
c) to send through the Website unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
d) to use the Website to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
e) to interfere with, disrupt, or create an undue burden on servers or networks connected to the Website, or violate the regulations, policies or procedures of such networks;
f) to attempt to gain unauthorized access to the Website (or to other computer systems or networks connected to or used together with the Website), whether through password mining or any other means;
g) to harass or interfere with any other user’s use and enjoyment of the Website;
h) to use software or automated agents or scripts to produce multiple accounts on the Website, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Website (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
i) to tamper with, modify, copy without express permission, amend, make derivative or reverse engineer any part of the Website; or
j) to licence, sell, rent or lease any part of the Website.
5.3. The Website is meant as a ‘download when you need it’ resource. Downloading complete categories of Models with the goal of making a local copy of the Models collection is not permitted.
6. PAYMENT SERVICES
6.1. If you make a purchase from us on or through the Website, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by us and/or our payment processing company.
6.2. Payment processing companies may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and merchants. For more information regarding a payment processing company or merchant and its terms and conditions that may apply, visit that payment processing company’s or merchant’s website directly.
6.3. We are not responsible for the performance of any third party credit card processing or third party payment services.
7. THIRD PARTY LINKS
7.1. We may provide links on the Website to the websites of third parties. These websites are owned and operated by third parties over whom we do not have control. 3D Models World has not reviewed all of the sites linked on the Website and accepts no responsibility for the contents of third party websites. The inclusion of any link does not imply endorsement by 3D Models World of the site. Use of any such linked web site is at the user’s own risk. Any links to third party websites are provided for your interest and convenience only. We are not responsible or liable for any loss or damage you may suffer or incur in connection with your use of any third party websites or for any acts, omissions, errors or defaults of any third party in connection with their website.
9. DISCLAIMER OF WARRANTIES
9.1. You agree that:
a) If you use the Website, you do so at your own and sole risk. The Website is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, or arising by statute, usage or trade, customer or otherwise, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
b) If you access or transmit any content through the use of the Website, you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage to you in connection with such actions. We are not responsible for any incorrect or inaccurate content in connection with the Website, whether caused by users or by any of the programming associated with or utilized in the Website. We are not responsible for the conduct, whether online or offline, of any user of the Website. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.
9.2. We do not warrant that:
a) the Website will meet your requirements;
b) access to the Website will be uninterrupted, timely, secure, or error-free;
c) the quality or reliability of the Website will meet your expectations;
d) any information you provide or we collect will not be disclosed to third parties;
e) any account on our site is accurate, up to date or authentic; or
f) third parties will not use your confidential information in an unauthorized manner.
9.3. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or any conduct or interactions between users of our site, whether online or offline.
10. LIMITATION OF LIABILITY
10.1. IN NO EVENT SHALL 3D MODELS WORLD, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY:
a) ERRORS, MISTAKES, OR INACCURACIES OF WEBSITE CONTENT;
b) PERSONAL INJURY OR PROPERTY DAMAGE OR LOSS, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE;
c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; OR
e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY.
10.2. YOU SPECIFICALLY ACKNOWLEDGE THAT 3D MODELS WORLD SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
10.3. The Website is controlled and offered by 3D Models World from its facilities in Canada. 3D Models World makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
10.4. We will not be liable for any failure or delay in performing under these Terms of Service where such failure or delay is due to causes beyond our reasonable control, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labor strikes or difficulties, communication system breakdowns, hardware or software failures, transportation stoppages or slowdowns or the inability to procure supplies or materials.
10.5. You acknowledge and agree that the disclaimers of warranties above and these limitations of liability are an agreed upon allocation of risk between you and us. You acknowledge and agree that if you did not agree to these limitations of liability you would not be permitted to access the Website. You acknowledge and agree that such provisions are reasonable and fair.
11.1. You agree to defend, indemnify and hold us, and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, partners, agents, other representatives, and employees (each an “Indemnified Party” and collectively, the “Indemnified Parties”), harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, lawyers’ fees and costs, investigation costs and settlement expenses, incurred in connection with any investigation, claim, action, suit or proceeding of any kind brought against any Indemnified Party arising out of your use of the Website or Licence, any alleged or actual infringement of the intellectual property rights of any party, any injury or damage to property or person, any act by you in connection with any user of the Website or Licence or any other third party, or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms of Service and/or any of the representations and warranties set forth above.
12.1. 3D Models World reserves the right to terminate the grant of License to you if you breach these Terms of Service and do not remedy that breach within three (3) days of receiving notice from 3D Models World. In the event of such termination, you must immediately cease any use of the Models.
12.2. You acknowledge and agree that we, in our sole discretion, may terminate your access to the Website for any reason, including, without limitation, your breach of these Terms of Service. You understand and agree that we are not required, and may be prohibited, from disclosing to you the reason for termination of your access to the Website. You acknowledge and agree that any termination of your access to the Website may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your Account and bar any further access to the Website. Further, you acknowledge and agree that we will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to our Website. Upon termination, your information may be deleted or kept as necessary.
13.1. You agree that these Terms of Service and the relationship between you and 3D Models World shall be governed by the laws of the Province of British Columbia and Canada without regard to its conflict of law provisions. You and 3D Models World agree to submit to the exclusive jurisdiction of the courts located within the Province of British Columbia.
13.2. The failure of 3D Models World to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
13.3. If any provision of the Terms of Service is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
13.4. 3D Models World may deliver notice to you under these Terms of Service by means of electronic mail, a general notice on the Website, or by written communication delivered by mail to an address you have provided.
13.5. We may assign our rights and obligations under these Terms of Service. The Terms of Service will inure to the benefit of our successors, assigns and licensees.
13.6. 3D Models World endeavours to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions or other errors may sometimes occur. 3D Models World reserves the right to correct any error, inaccuracy, or omission at any time without prior notice or liability to you or any other person. The final authority of the accuracy of the data feeds is the data feed provider contracted by 3D Models World.