By using the Service provided by 3DExport, you have expressed your acceptance of our Terms of Use, and agreed to be bound by the terms and conditions as described hereunder.
REGISTRATION OBLIGATIONS
Prior the using of the Service, you may register with 3DExport LTD via the provided Service’s Registration Form and shall:
| (a) | provide true, accurate, current and complete information (“Registration Data”) about yourself as prompted by the Registration Form. |
| (b) | maintain and promptly update the Registration Data to keep it true, accurate, current and complete. |
USER ACCOUNT, PASSWORD AND SECURITY
Upon completing the Service’s registration process, you will be designated an account with a password. You are responsible for maintaining the confidentiality of the password and/or account and are fully responsible for all activities that occur under your password and/or account. You agree to:
| (a) | notify 3DExport of any unauthorized use of your password and/or account or any other breach of security, and |
| (b) | ensure that you exit from your account at the end of each session. 3DExport LTD cannot and will not be liable for any loss or damage arising from your failure to comply with this security measure. |
USER CONDUCT
You acknowledge that all text, information, data, software, photographs, graphics, video, music, sound, messages or other materials (“Content”), whether privately transmitted or publicly posted, are the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. As 3DExport LTD does not pre-screen all the Content posted via the Service, therefore, it does not guarantee the accuracy, integrity or quality of such Content. You also realize that by using the Service, you may be exposed to Content that is indecent, offensive, objectionable or otherwise unsuitable. 3DExport will NOT, in any circumstance or in any way, be liable for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You shall not use the Service to:
| – | upload, post, email, transmit or otherwise make available any Content that is unlawful, abusive, harassing, harmful, threatening, tortuous, defamatory, obscene, vulgar, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; |
| – | upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under any contractual or fiduciary relationships; |
| – | upload, post, email, transmit or otherwise make available any Content that infringes any trademark, copyright, patent, trade secret or other proprietary rights (“Rights”) of any party; |
| – | upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer codes, files or programs designed to interrupt, limit or destroy the functionality of any computer software or hardware or telecommunications equipment. |
You acknowledge that 3DExport shall have the right, though not the obligation, in its sole discretion to reject or remove any Content that is available via the Service. Without the limitation of the foregoing right, 3DExport shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks incurred from, the use of any Content, including any reliance on the completeness, usefulness, or accuracy, of such Content.
You also agree that, by the law requirements or events necessitate it to do so, 3DExport LTD may preserve or disclose Content in order to:
| (a) | enforce this TOU; |
| (b) | comply with legal procedure; |
| (c) | respond to claims of any Content violations of the rights of third-parties; or |
| (d) | protect the rights, property, or personal safety of 3DExport LTD, its users and the public. |
LICENSE OF PURCHASED CONTENT
License of purchased Assets:
As a result of a legitimate license or a free download, any transmission of content from a registered 3DExport user to a third party shall apply the following terms:
The Vendor shall retain, subject to any license agreement between Vendor and 3DExport LTD, ownership of the copyrights and all other rights in the Asset purchased or downloaded by any third party via 3DExport LTD.
Any license rights, which related to the content for sale via 3DExport LTD, including but not limited to 3d models, images, textures, are contingent on the transfer of money from the third party to the Vendor. All license rights of any reversed or incomplete sale will terminate immediately without prior notice. The Vendor grants to the third party a non-exclusive, non-transferable, worldwide, royalty-free license to: publicly perform, publicly display, and digitally perform the content which is acquired by purchasing or free downloading the content submitted by the registered Vendor.
The third party is expressly prohibited from making any redistribution or resale of any content obtained from 3DExport LTD, whether the content is for sale or freely available for download, whether part of a valid sale or not.
In case the third party returns any content, whether acquired via a valid sale or freely available for download, all license rights granted herein will immediately terminate.
RETURNS
| Intangible goods: A refund may be issued if a buyer is not satisfied with the product. However, the issuing of refunds is solely at the discretion of the Vendor or 3DExport. Refunds will be issued only after the buyer has worked with the Vendor on the problem. When a refund is issued, the buyer is responsible for the immediate deletion of all files using the product and may not distribute the product. |
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| Tangible goods: Opened product shall not be returned, unless defective. In accordance with the Product Vendor warranty, any defective product may be exchanged or returned to its Product Vendor. However, where no such warranty exists, 3DExport may refund to the buyer within 7 days of receipt of the returned Product, refunds do not include original shipping and handling charges. All returns and refunds are subject to a 15% restocking fee. |
SUPPORT OF PURCHASED ASSETS
Each Vendor is responsible for providing support of its own purchased Product should problems or questions arise. All requests for technical service and support should be made directly to the vendor via 3DExport LTD internal message system.
INDEMNITY
You shall indemnify and hold 3DExport, and its subsidiaries, affiliates, officers, employees, agents, co-branders or other partners, immune from any claim or demand, any costs, expenses or fees, which made by any third party due to or arising out of the Content you submit, post, transmit or make available through the Service, your use or connection to the Service, your violation of the TOU, or your violation of any rights of any party.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that 3DExport shall not responsible or be liable for the deletion or the failure to store any Content maintained, published or transmitted by the Service. You also agree that 3DExport reserves the right to change these general practices and limitations at any time, in its sole discretion, with or without prior notice.
MODIFICATIONS OF THE SERVICE
3DExport reserves the right to modify or discontinue, temporarily or permanently, the Service, whole or parts, with or without prior notice, at any time. You agree that 3DExport shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
TERMINATION OF ACCOUNT
You acknowledge that, under certain circumstances and without prior notice, 3DExport reserves the right to immediately terminate your 3DExport account and access to the Service. Causes for such termination including but not be limited to:
(a) breaches or violations of the TOU or any other related agreements or guidelines,
(b) complying with law enforcement or other government agencies,
(c) self-initiated account deletions in complying with your request,
(d) discontinuance or material modification to the Service, whole or parts,
(e) unexpected technical issues or problems, and
(f) extended periods of account inactivity.
Termination of your 3DExport account includes:
(a) removal of access to all offerings within the Service,
(b) deletion of your password and all related information, files and content associated with or inside your account, whole or parts, and
(c) barring further use of the Service.
You also agree that all terminations for cause shall be made in the sole discretion of 3DExport and that it shall not be liable to you or any third party for any termination of your account, or access to the Service.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT:
| – | YOU USE THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. 3DEXPORT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. |
| – | 3DEXPORT LTD DOES NOT WARRANT THAT (i) THE SERVICE WILL SATISFACTORILY MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE SECURE, UNINTERRUPTED, TIMELY, OR ERROR-FREE, (iii) THE ACQUIRED RESULTS FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICE BY YOU WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. |
| – | YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER THAT RESULTS FROM ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, WHICH IS DONE AT YOUR OWN DISCRETION AND RISK. |
| – | EXCEPT AS EXPRESSLY SET FORTH IN THIS TOU, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM 3DEXPORT OR THROUGH OR FROM THE SERVICE SHALL BE TANTAMOUNT TO ANY WARRANTY. |
LIMITATION OF LIABILITY
YOU AGREE THAT IN NO EVENT WILL 3DEXPORT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF 3DEXPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF OBTAINING OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) MESSAGES OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
GOVERNING LAW
This Terms Of Use are governed by California law, excluding conflict of law principles. Any action or proceeding arising out of or related to Terms Of Use must be brought in a state or Federal Court of California, and both parties irrevocably submit to the exclusive jurisdiction of such courts. All notices, requests and other communications under this agreement must be in writing (e-mail messages shall be deemed writings).
TERMS OF USE AMENDMENT
3DExport reserves the right to change the terms of these Terms Of Use with or without prior notice at any time.