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TF3DM END USER LICENSE AGREEMENT

free3d.com (hereinafter referred to as the “TF3DM”) owns and operates the TF3DM website (hereinafter referred to as the “Site”). This End User License Agreement (hereinafter referred to as the “Agreement”) is a legally binding agreement between You (hereinafter referred to as “You” or “Your”) and TF3DM regarding the terms and conditions (hereinafter referred to as the “Terms”) that govern access and use of the Site and services offered by TF3DM. You must agree to, accept, and abide by the Terms if you wish to access and use the TF3DM Site and services; therefore, PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY.

TF3DM reserves the right to revise and update the Terms without notice from time to time, so you should read and review the Terms periodically. Your continued access or use of this Site after any such changes are posted will constitute Your acceptance of these changes.

Definitions
Content: Any materials, which include, but are not limited to links, text, and electronic files published by TF3DM.
Member: Any individual or business that has created a user account on the TF3DM Site.
Product: Any materials, which include but not limited to electronic files available for sale or (free) downloading on the TF3DM Site.
Author: Any individual or business that offers Product for sale or free download via the TF3DM Site.

USE OF THE TF3DM SITE

Use of the Site
The Site is a platform provided by TF3DM and is intended to be used only by Member to exchange ideas, promote, communicate, and trade of Product of art and computer graphics related. You may only use the Site for purposes related to Your business with TF3DM. The Terms of this agreement specifically prohibit You from the use of the Site or the Content of the Site for any purpose other than its intended purpose.
This Site may be used only for lawful purposes. You are prohibited from interfering with the security of the Site, or otherwise abusing this Site or any networks, system resources, or services that are connected to or accessed through the Site.
Member Account Information
Use of the TF3DM Site is contingent upon your agreement to the following:
  • Provide complete, correct, and up-to-date Member account information about You as may be requested through the registration and/or login form provided on the Site
  • Protect and maintain the security of Your password and identification information
  • Update Your registration data as well as any information You provide to TF3DM, to keep it up-to-date and complete
  • Accept all risks of unauthorized access to information and registration data. You are solely responsible for providing protection and backup of any data and/or equipment You use in connection with the Site.
Rules of Conduct
Any and all Content or Product You upload, post or otherwise transmit via the Site is Your sole responsibility. You agree that You will not use the TF3DM Site for any purpose that is illegal or not permitted by the Terms of this Agreement. You agree that when uploading to or communicating via the Site, You will not do any of the following:
  • Violate the legal rights of others, or harass, threaten, stalk, defame, or abuse others
  • Originate or participate in the publication, posting, distribution, or dissemination of any illegal, obscene, or pornographic material or information
  • Distribute, via upload or transfer, any files containing software or other material protected by intellectual property laws (or by rights of privacy or confidentiality) unless You either own or control the rights to such materials or possess the legal consent(s) to do so
  • Distribute, via upload or transfer, any files containing viruses, corrupted files or any malicious software or programs intended to damage or inhibit the operation of another computer
  • Distribute, via upload or transfer, any files for which appropriate and legal author attributions, legal notices, or proprietary designations or labels have been removed or altered
  • Obscure or otherwise falsify the source of software or other material contained in a file that You upload
  • Download any file posted by another Member which You know, or reasonably should know, is illegal to distribute
You acknowledge and accept that TF3DM does not screen, review, approve, or endorse third party communication, Content, or Product. TF3DM reserves the right, at any time and for any reason, to remove any communication, Content, or Product posted to the Site.
You agree not to use the Site in any way that could interfere with any other party's use and enjoyment of the Site or otherwise damage, disable, overburden, or impair the Site. You agree not to attempt to gain login information or gain unauthorized access to any other TF3DM Member accounts, or computer systems and networks associated with the Site, unless materials or information is made available or provided through the Site.
Managing Content and Product
TF3DM is not responsible for nor does it claim responsibility for reviewing communications or links to third-party websites or Content and Product that has been uploaded or otherwise transmitted to the Site. Regardless of the foregoing, TF3DM also reserves the right to delete, edit, or move any links, communication, or Content and Product which, through its sole discretion, TF3DM has determined is unacceptable. Any and all links, communications or Content and Product uploaded under Your Member name is Your sole responsibility. TF3DM is not obligated to, but retains the right in its sole discretion, to correct any mistakes or omissions found in any links, communications, Content and Product. You hereby acknowledge that any screening of links, communications, Content and Product by TF3DM is conducted only as a courtesy.
TF3DM respects others’ intellectual property requests that You do the same. We ask that you contact TF3DM if You believe that Your work has been copied in such a way that You believe there has been copyright infringement, or if You believe a violation of Your intellectual property rights has occurred.
You acknowledge and agree that TF3DM and its affiliates, Member, API User and third-party providers are free to modify, use or distribute Content and Product posted on the Site, with no restrictions, for promotional purposes, whether in its original format or used with any trademarks, service marks or trade names included in the Content and Product. You further represent and proclaim that You possess the proper authorization for worldwide distribution and processing of any information that You may provide on the Site between the TF3DM, its affiliates, Member, API User and third-party providers.
Ownership of Content and Product Submitted to TF3DM
You are solely responsible for the ownership of the Content and Product You submit on the TF3DM Site. TF3DM is not obligated in any way with respect to your Content and Product. TF3DM is not responsible for protecting the confidentiality of any Content and Product You provide in connection with this Site.
Termination of this Agreement
In its sole discretion, if TF3DM determines, at any time, that You are in breach of these Terms and Conditions of use, TF3DM may terminate this Agreement. Our termination of this Agreement may be in addition to other legally-available rights and remedies and those rights are reserved. Upon the termination of this Agreement, You must agree to destroy all downloaded or transferred materials via TF3DM immediately.

Submitting content/product/3d models ON TF3DM

Ownership
Author retains ownership of the copyrights and all other rights in Content and Product, subject to the non-exclusive rights granted to TF3DM under this Agreement. Author is free to grant such rights to others during and after the time covered by this Agreement.
Representations and Warranties
Under the terms of this Agreement, the Author represents and guarantees that:
  • The Product is original work, and does not include copyrighted material of which the Author is not exclusive owner
  • Author acknowledges the power and right to enter into and fulfill the Terms of this Agreement, and have obtained any third party consents required to enter into this Agreement
  • The Product does not infringe on any third party patent or trade secrets, copyright, trademark, or other proprietary rights, publicity or privacy rights, or any moral rights
  • The Product does not violate any law, statute, ordinance, or regulation
  • The Product is not of a defamatory, libelous, pornographic, or obscene nature, nor will the Product be intended to evoke racial hatred of any kind
  • The Product does not contain any viruses or other malicious programming that might interfere with computer systems or data
  • All factual assertions that the Author has made or will make to TF3DM are true and accurate. Upon Our request, the Author will deliver any documents required that are evidence of or effectuate Our rights under the Terms of this Agreement.
TERMINATION
Using the above Representations and Warranties as guidelines, the license grant stipulated in this Agreement can be terminated. If any Product You submit violates the Representations and Warranties above, TF3DM reserves the right, notwithstanding those guidelines, to terminate this Agreement without notice at any time . Upon written notice using either regular mail or email, this Agreement may be terminated at any time by either party. Nothing in this Agreement shall be construed to mean that You may not submit or delete Product(s) you submitted in keeping with standard maintenance of Your account.
Rights Granted
By the act of delivering Product to us, Author hereby grants non-exclusive, worldwide license in any medium known now or invented in the future to TF3DM and its affiliates, Member, API Users and third-party providers to:
  • Reproduce, price, sell, and distribute net proceeds from any sale, on Author’s behalf, in whole or in part; and to publicly perform or display , perform in digital fashion, or transmit for promotional and commercial purposes
  • Develop and use samples of the Product for demonstration or promotion of Author Product or those of TF3DM
  • Use any trade names, trademarks, or service marks included in the Product in connection with Author material
  • Use the individuals’ names and/or likenesses that may be represented in the Content only as pertains to Your material
Product Support
Author will provide Product support if problems or questions arise. We expect that Members and API Users who have purchased Your Product(s) will be able to contact You for support via the internal message service provided by TF3DM or email, so You are required to provide a valid email address that is connected with Your Member account. You may also choose to communicate by phone or any other appropriate method.

LICENSE AGREEMENT BETWEEN Author, MEMBER AND API CUSTOMER

Product Ownership
Author retains sole ownership and copyrights for Product(s) purchased or downloaded by Member or API Customer through TF3DM or API client, unless otherwise stipulated in the Author’s custom license terms, which are subject to acceptance by Member and API Customer preceding or at the point-of-sale. As a Author of the TF3DM Site, You agree that any additional Author requirements, EULA, license, or custom license details concerning the Product anywhere beyond that provided by TF3DM are invalid, void ab initio, and without effect as related to purchase of the Product.
License Grant for Transmission of Product
When the Author provides TF3DM with any type of Product either for free distribution or sale, the Author must grant to the Member and API Customer (or other end-user of the Product) who has purchased license rights to the Product through a Valid Sale, or free download of available Product submitted by the Author, worldwide, non-exclusive, non-sublicensable, and non-transferable license for personal as well as commercial use for the following unless custom license terms are provided by the Author:

Personal Use License

You may use "Personal Use" Content only for private projects, testing. Not be published or displayed publicly in any way.

Non-Commercial use License

Alongside the uses of the "Personal Use" License you may use the Content in non-commercial projects. Such projects should not net the company using it or any affiliate a revenue from the use, directly or indirectly, of the Content.

Commercial use License

You may use such Content licensed under "Commercial Use" in any type of project, including Commercial Projects, as long as the prohibited uses are not broken.


Prohibited Uses
You may not publish, market, distribute, transfer, sell or sublicense the Product or rendered images thereof either in full or in any part including but not limited to those listed below:
  • Any part of the Product in a trademark, design mark, trade or business name, service mark, or logo
  • Any product that results in a redistribution or re-use of the Product or that which is otherwise available to be extracted, accessed, or reproduced as an electronic file
  • Any part of the source code contained within the Product to be reverse engineered, disassembled, or decompiled
Refund/Exchange
TF3DM offers refunds for defective products purchased, not for free models. Should a request be made, up to 30 days after the purchase was made, to return the Product for reasons listed below:
  • The actual Product to download is deemed defective.
  • The Product does not live up to product description or product preview images.
  • The Product specifications state additional file formats that cannot be provided by TF3DM or by the Author in less than 48h.
  • TF3DM or the Author cannot offer assistance with defective Products and provide a non-defective Products in less than 48h since the Buyer's request.
To submit a refund or exchange request please email us at [email protected] or via our Contact us page.
Returned Product
If a Member or API Customer returns any Product or Content acquired either through Valid Sale or free download, all license rights granted herein shall terminate and the Member and API Customer must immediately destroy any and all copies stored on any type of media under the Member or API Customer control or possession.

Intellectual Property Claims (DMCA)

TF3DM respects the intellectual property rights of others, and complies with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512, as amended). We respond to clear notices of alleged copyright infringement , and infringing materials posted by Users can be identified and removed pursuant to this complaint procedure.

In the event you believe that any User Content on the Services infringes your copyright, please file a notice of infringement with our designated agent:

S.C. TidalTech S.R.L.
Andrei Mureseanu NR 1
Eforie Nord, Constanta 905350
[email protected]

Electronic notification is preferred. To be effective, any notice submitted to our Copyright Agent must comply with the requirements set forth at 17 U.S.C. § 512(c)(3), and must include substantially the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. TF3DM will, upon receiving your compliant notice of copyright infringement, contact the User who posted the allegedly infringing User Content concerning the notice of infringement, and expeditiously remove the allegedly infringing User Content. It is our policy to document all notifications of alleged infringement on which we act. A copy of the notification may be sent to one or more third parties who may make it available to the public. Please be advised that it is our policy to terminate the accounts of users that repeatedly violate this Agreement and/or the DMCA Policy.

If you are a User and material that you have uploaded to the Services has been removed or disabled, you may file a counter-notification pursuant to 17 U.S.C. § 512(g). To be effective, the counter-notification must be a written communication sent to the Designated Agent address listed above that includes the following:

Your physical or electronic signature; Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Company may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. § 512(c)(1)(C) or an agent of such person. If you have a claim related to trademarks, patents, intellectual property, or any other matter other than copyright, please contact us at [email protected] Please provide detailed information regarding the nature of your complaint, including but not limited to your name and contact information, the subject matter of the complaint, and any additional information that we may require in order to review the matter and take action (or no action) as may be appropriate. Please be advised that we may share the details of your complaint with the User that owns the User Content that is the subject of your complaint, or with appropriate authorities (including law enforcement authorities) if TF3DM in its sole discretion believes that such action is necessary, or if we are obligated to do so by law.

INDEMNITY

You agree to indemnify, defend and hold harmless TF3DM and its affiliates, Member, API User and their respective directors, officers, employees, shareholders, partners and agents (collectively, the “TF3DM Party”) from and against any and all claims, liabilities, losses, costs and expenses (including lawyers’ fees on a solicitor and client basis) incurred by any TF3DM Party in connection with any breach of this Agreement by You. At Your expense, TF3DM reserves the right to assume the exclusive defense and control of any matter that may be subject to indemnification by You, and in such case, You agree to cooperate with TF3DM’s defense of such claim.

TERM AND TERMINATION

This Agreement will be effective for the entire time You hold a Member account with TF3DM. TF3DM reserves the right at any time to modify, withhold, or terminate the Services, and/or Your use of or access to the Services, with or without notice. TF3DM may also delete, or bar access to or use of, all related information and files. TF3DM is not liable to You or any third-party for any modification, suspension, or termination of Services, or loss of related information. TF3DM reserves the right to amend these Terms at any time without notice.

By posting a change notice or a new agreement on the Site, TF3DM may modify any of the Terms and Conditions contained in this Agreement at any time at its sole discretion. Modifications may include, but are not limited to, changes in the scope of Site rules, payment processes, available commission rates, and incentive discount rates. IF YOU DO NOT ACCEPT ANY MODIFICATION, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. FOLLOWING THE POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE SITE, YOUR CONTINUED PARTICIPATION IN THE PROGRAM WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

DISCLAIMER OF WARRANTIES

YOU USE THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. TF3DM 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. - TF3DM DOES NOT WARRANT THAT (A) THE SERVICE WILL SATISFACTORILY MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE SECURE, UNINTERRUPTED, TIMELY, OR ERROR-FREE, (C) THE ACQUIRED RESULTS FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (E) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER THAT RESULTS FROM ANY MATERIAL YOU DOWNLOADED OR OTHERWISE OBTAINED AT YOUR OWN DISCRETION AND RISK THROUGH THE USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TF3DM, THROUGH OR FROM THE SERVICE, SHALL BE TANTAMOUNT TO ANY WARRANTY, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT.

LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SITE AND THE LINKS. IN NO EVENT SHALL TF3DM OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, LICENSORS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SITE OR THE LINKS, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF TF3DM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

ACKNOWLEDGEMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, AND FURTHER AGREE TO BE BOUND BY THE AGREEMENT TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND TF3DM, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND TF3DM RELATING TO THE SUBJECT OF THIS AGREEMENT.