TERMS OF USE OF THE WEBSITE

The following use policy of the website 3dmstock.com relates to provision of resources and services available to all customers of this website.

1. Definitions

  1. SIA “3DBrandModels”, a limited liability company, officially registered and acting on the basis of the charter under the legislation of the Republic of Latvia, located in Riga, Latvia at the address of “Rumbulas street ½ – 16, LV 1035”, with registration certificate No. 40103760714 and VAT number LV40103760714.
  2. SIA “3DBrandModels” is the RE-SELLER of the content published by USERS on 3dmstock web site. USERS own the copyrights and they are responsible for content they are publishing on 3dmstock website.
  3. “3dmstock Products” – is 3dmstock Content.
  4. “3dmstock Content” – is the content organized in the form of catalogue of three-dimensional models of the objects of interior design (including, but not limited to furniture, accessories, lamps, carpets, etc.), created and published by Users on 3dmstock web page.
  5. In this Agreement “You” or “Client” or “End User” means that we are talking about you, or if you are acting on behalf of your employer or any other economic entity, in this case “You” is being applied to your employer or other economic entity; 3dmstock or “We” is referred to the company “3DBrandModels”, operator of the website; “Content” means any 3D-image, image, any media or other material that you download from the website with any accompanying material. “Computer” – is an electronic device that accepts (receives) information in digital or other format, and processes it through the sequence of instructions for obtainment of the particular result.

2. Registration and Access to 3dmstock Products

  1. In order to use 3dmstock Products, the user should:
    – register at 3dmstock.com;
    – confirm his/her acceptance of this License Agreement;
    – purchase any of the available 3d models at 3dmstock.com;
    – pay the taxes applied to the corresponding Products.
  2. User’s request to the purchase should be confirmed by the consequent following actions:
    – selection of 3D-model by pressing a virtual button “add to cart”;
    – selection of payment method and entry of information about the invoice (if available);
    – confirmation of the request to the purchase by pressing a virtual button “pay now”.
  3. 3dmstock will immediately confirm the receipt of the payment by sending a corresponding confirmation of the transaction to the email address of the user.

3. Free 3D Models

  1. User must be subscribed to newsletter to be able download free Content
  2. Free Content limited to five (5) downloads per day
  3. After purchasing any product, free Content download limits refreshes
  4. Making multiply accounts to download more free Content is forbidden

4. License Terms

  1. Hereby we grant you a perpetual, non-exclusive valid license for the use of the Content. All feasibilities of using, which are not mentioned in the list of Permitted Use, are forbidden.
  2. After successful payment, the Buyer acquires a license in accordance with the terms and conditions. There are two types of licenses, Royalty Free and Editorial License. All license rights terminate immediately and without notice if a sale is refunded for any reason.
  3. Seller upon uploading a product choose type of license, and is granted only to the original Buyer.
  4. Buyers do not own any Product, they are only licensed (have rights) to use it in accordance with terms and conditions of the applicable license.
  5. Any licensed product after a refund must be deleted.

5. Royalty Free License

  1. May reproduce the content in all media, including product packaging, printed marketing materials, digital documents, or software.
  2. May include the content in email marketing, mobile advertising.
  3. May post the content to a website or social media site.
  4. May share the content with your employees and contractors.
  5. May transfer the license only to one your client or employer, unless separately licensed for each.

6. Editorial License

  1. May only be used in editorial manner, which are newsworthy or of public interest, typically in newspaper or magazine articles, blogs, or similar media. Relating to teaching purposes, scholarship, and research, and may not be used for any commercial use.
  2. IP Owners: The company or individual who owns Intellectual Property is allowed all uses in the Product license.
  3. May not be used for commercial purposes such as advertisements, promotions, merchandising, branding, etc.
  4. May not be modified, except small adjustments, while maintaining the editorial context and integrity of the original Intellectual Property.

7. Prohibited Use

  1. Use the Content in products, intended for resale.
  2. Incorporate the Content in the product, the use of which leads to redistribution or makes the Content available for re-use by the third parties in the form of a file.
  3. The deletion of any mention of copyright, deletion of trademarks or other (attributes of proprietary rights) from the location where they are built it by the copyright holder is prohibited.
  4. The sublicense, resale, rental, return to the seller or other transfer or distribution of the Content or the rights granted to the licensee of this Agreement is prohibited.
  5. Provide public access to the copies of the Content on the network or Internet server.
  6. It is prohibited to use or display Content in an electronic format, which provides an opportunity to download or distribute it via mobile devices or peer-to-peer-like file exchange connections.

8. Price and USER Incomes

  1. 3dmstock has determined price categories for products:
    – Free
    – 6.00 €
  2. USERS chooses price for their products (paid or free) from 3dmstock price categories, but 3dmstock have rights to change them if the quality of model does not match of chosen price.
  3. USERS receives 70% incomes from his products price after product have been sold (for example: user uploads product for 6.00 €, if the product have been sold, he receives 4.2 €)

9. Refund policy

Customer satisfy is very important for us. To request for a refund, request must be summited to support@3dmstock.com within 14 days after the purchase.

  1. We will gladly make a refund if it meets requirements for refund:
    – product does not match it’s description or preview images
    – product model parts or textures missing (not applicable when issues are caused by exchange format limitations)
    – mistaken for a physical (real world object) and/or digital files has not been downloaded.
  2. Requesting refund, provide invoice number, problem with product, software and file formats causing problems.
  3. Request will be processed in 3 business days. In case of a refund, will be send Credit Bill with refunded product list.
  4. All license rights terminate immediately without notice if a sale is refunded for any reason.
  5. All refunded products must be deleted, buyer don’t have any rights to keep or use them in the future.

10. Product Fees

  1. SIA “3DBrandModels” is a registered as VAT payer with VAT number LV40103760714 in Latvia (EU country)
  2. 3dmstock add VAT to products and amount of VAT depends of:
    – if USERS are registered as natural person at 3dmstock.com and they are from EU countries, they pay VAT 21%;
    – if USERS are registered as natural person at 3dmstock.com and they are NOT from EU countries, they DON’T pay VAT 21%;
    – if USERS are registered as VAT payer at 3dmstock.com, and 3dmstock have approved information given by users they don’t have to pay VAT (exclude USERS from Latvia).

11. Period of Validity

License Agreement shall enter into force from the date of its registration and shall remain in force in relation to any further use of the Content, paid and/or downloaded from the website 3dmstock.

12. Amendments to this License Agreement

  1. Due to the variety and constant extension of the range of 3dmstock products and services, as well as their modification in order to improve and increase the supply, as well as in accordance with the changes in the legal regulations, this License Agreement may be unilaterally amended by 3dmstock. Future amendments to this License Agreement will not affect any already paid/prepaid/downloaded Content without the prior consent of the end user.
  2. 3dmstock Product updates may be provided to the end user under additional or different terms.

13. Rights and obligations of the end user

  1. to pay invoices for the relevant Product, selected by him/her.
  2. not to provide for free, resell, copy, reproduce, distribute, modify or use 3dmstock Products in any other manner that violates the terms of this License Agreement.
  3. By using 3dmstock Products, the End User undertakes:
    – to comply with legal regulations, the present License Agreement, moral standards and good faith;
    – not to infringe the material and immaterial rights of the third parties, including intellectual property rights to any of the components or elements included in 3dmstock Products;
    – not to commit or attempt to achieve an unauthorized use of 3dmstock Products.

14. Intellectual Property Rights

  1. USERS is responsible for all Content that they uploads.
  2. USERS agrees not to upload Content:
    – Printable 3D Models, which are replicas of real weapons
    – violates or infringes anyone’s intellectual property rights
    – contains software viruses or any other harmful computer codes
  3. 3dmstock have right to remove or edit Content that don’t meet Site Terms of Use
  4. 3dmstock doesn’t owns or has no right to grant any intellectual property rights to 3dmstock Products.
  5. USERS exclusively owns or has the right to grant any intellectual property rights to their content they have published in 3dmstock product list.
  6. USERS grants rights to 3dmstock to sell their products, and USERS receives amends from sales. (see chapter 7.)
  7. USERS or the relevant holder of the intellectual property rights to the original interior design products, which are included in 3dmstock Content, reserves all rights, not granted by the present License Agreement

15. Conclusion of the License Agreement

  1. By making payment and/or free download from the relevant website by pressing a virtual button “pay now” or “Download”, the End User claims within the framework of the Act on Electronic Documents and Electronic Signatures that he/she has read the License Agreement, accepts its terms and conditions and agrees to observe them.
  2. The electronic statement, by its storage on the 3dmstock server through a generally accepted standard for technical transformation that makes possible its reproduction, gains the capacity of an electronic document within the meaning of the quoted act. 3dmstock can store on its server the log files with IP-addresses of the User and any other information necessary for identification of the User and for provision of his/her electronic confirmations of acceptance of this License Agreement in case of legal disagreements. The End User shall be able to correct data of payment forms and download forms until the confirmation of the application in accordance with the current Article.
  3. All payments and/or downloads of 3dmstock Content should be made by legal representative – legal entity.
  4. License Agreement shall enter into force from the date of confirmation. License Agreement should be concluded in English.
  5. Payments request does not involve any obligation for 3dmstock if the email address of the End User, specified in the registration/payment form is wrong, not correct or not complete, as well as if 3dmstock has not received full payment for the relevant Content.

16. Responsibility

  1. 3dmstock shall not make any claims and shall not accept sanctions in relation to the legality and validity of your use of the Content. Content and accompanying materials (if any) shall be provided “as they are”, without warranties of any kind, expressed or implied, including, but not limited to the implied warranties of non-infringement (!?), merchantability or correspondence with individual goals.
  2. 3dmstock does not give rights and representations or warranties in relation to the use of any names, trademarks, patented designs or works contained in the Content. The End User shall be available for all necessary rights, permits and agreements for the use of any Content.
  3. 3dmstock under no circumstances guarantees that the Content, 3dmstock page or other materials will meet your requirements, are free of errors or their use may not be interrupted. You shall take the entire risk in relation to the quality, performance or use of the Content.
  4. Under no circumstances shall appear 3dmstock total aggregate liability to you, or to any third party claiming through you, arising out of or in connection with your use of or inability to use the 3dmstock website and/or content exceed the monetary amount actually received by 3dmstock from you for your use of the applicable content.
  5. Neither 3dmstock, nor any of its managers, employees, members or suppliers shall be liable to you or any other person or entity for any damages, costs or losses arising from your use of the Content, and also if 3dmstock is informed of the possibility of such damages, costs or losses.
  6. 3dmstock Products may provide access to web pages of the third parties. 3dmstock shall not be responsible for the content of these pages, availability and quality of products and services at these web pages or for the fulfilment of all obligations relating to their security, as well as for the actions of the third parties beyond the control of 3dmstock.

17. Force Majeure Circumstances

Non-fulfilment of this License Agreement by any Party, except for payments, shall be justified if the performance of such obligations is delayed or interrupted by any action or cause by the party being beyond the control, and if such action or cause could not have been predicted or avoided by the Party; and this Party should promptly notify the other Party of the existence of such obstacle and make every possible effort to eliminate it and continue execution of the contractual obligations.

18. Written Form

Written form shall be reasonably completed by sending an e-mail by pressing virtual button, checkbox marked on the website 3dmstock or similar action, as the application it’s technically stored in the form that allows its reproduction.

19. Applicable Legislation

  1. This License Agreement shall be governed by and interpreted in accordance with the legislation of the Republic of Latvia.
  2. The General Terms and Conditions of 3dmstock as well as the current legislation of the Republic of Latvia should be applied to the issues, which are not reviewed in this License Agreement.
  3. The present License Agreement shall not be contrary to the legitimate rights of any Party acting as a Buyer.

20. General Provisions

  1. You actually agree and confirm that in addition to the terms of this Agreement, you have read 3dmstock Use Policy and any other announcement that could be incorporated by reference, and that you agree to be bound by similar agreements as well.
  2. (?) Unsuccessful requirement of 3dmstock to the enforcement to strict performance of any provision of this Agreement shall not be interpreted as a waiver of any provision or right.
  3. This Agreement is concluded personally with you and may not be transferred by you without the prior written consent of 3dmstock. 3dmstock may transfer this Agreement without Your consent to any other party for the time during which such party agrees to be bound by its terms.
  4. If all or part of any provision of this Agreement is partially or completely impracticable, hand, the Parties, or if the Parties cannot reach an agreement, the Court of competent jurisdiction should (?!) bring in line {correct} similar provision or its part so that it most closely reflects the nature of impracticable provision or its part thereof.
  5. The Parties agree that if some of the provisions of this Agreement are groundless, they do not entail the groundlessness of the License Agreement, its provisions or other parts of the Agreement. Groundless article should be replaced with the provision of applicable legislation or approved practice.
  6. You undertake to pay and take responsibility for any and all sales taxes, and charges for the use, value added taxes and duties imposed by any jurisdictions, resulting from your receipt of the license or your use of the Content, provided by this Agreement.
  7. This License Agreement shall be governed by and interpreted in accordance with the legislation of the Republic of Latvia.
  8. For any questions, not covered by this Agreement, the General Terms and Conditions of 3dmstock and current legislation of the Republic of Latvia. This License Agreement shall not be contrary to the legitimate rights of any Party, acting as the buyer.
  9. All disputes and disagreements caused by this License Agreement, its interpretation, legal effect or termination, as well as disputes about gaps of this Agreement or its application to the newly established facts, should be enabled in {the Court of Arbitration of the Latvian Chamber of Commerce} Riga, in accordance with its legislation. Language of the legal proceedings shall be Latvian.

Confirmation

YOU CONFIRM THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT AND HAD THE OPPORTUNITY TO GET INDEPENDENT LEGAL ADVICE BEFORE YOU GIVE CONSENT. YOU FURTHER AGREE THAT THIS AGREEMENT BETWEEN YOU AND 3DMSTOCK, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, AND ANY OTHER AGREEMENT BETWEEN YOU AND 3DMSTOCK IN RESPECT TO THE SUBJECT OF THE PRESENT AGREEMENT.

IN CASE OF VIOLATION OF ANY OF TERMS OF THIS AGREEMENT OR ANY OTHER AGREEMENT WITH 3DMSTOCK, 3DMSTOCK HAS THE RIGHT TO DEACTIVATE YOUR ACCOUNT WITHOUT PRIOR NOTICE.