3d models, textures, stock photos, tutorials, and more at The 3D Studio.
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End User License Agreement

Before any person or entity may upload or download any item to or from The3dStudio.com web site, or use the blog feature, or use the affiliate program, that person or entity is required to first become a Member of The3dStudio.com. Membership is free. All Members agree to abide by all terms and conditions in this End User License Agreement at all times.



SECTION A – DEFINITIONS OF TERMS USED IN THIS AGREEMENT
  1. This End User License Agreement will be referred to as the Agreement.
  2. Members who upload free or priced items will be referred to as Member Sellers.
  3. Members who download free or priced items will be referred to as Member Buyers.
  4. Members who participate in the Affiliate Referral Program will be referred to as Member Affiliates.
  5. The3dStudio.com, The3dStudio.com, Inc. and The3dStudio.com web site will be referred to as T3DS.
  6. All items, free and priced, will be referred to as Products. Such items include, but are not limited to, computer files, models, textures, photographs, images, tutorials, information, blog posts, or other items.


SECTION B – INFORMATION PRIMARILY FOR MEMBER SELLERS
  1. Members shall upload and/or add only Products they own or hold copyrights to.
  2. Members shall not upload and/or add Products depicting or containing pornography, racism, or other offensive or illegal content, or spam, viruses, or malware.
  3. Members shall not reverse engineer, test, purchase or download their own products, or otherwise copy any proprietary information or ideas from T3DS.
  4. T3DS may use any Product for display or advertising purposes, without compensation to Members.
  5. Member Buyers may download and use a Product after they pay the price specified for that Product and agree to any terms and conditions specified for that Product.
  6. Member Buyers are granted rights to use Products as stated in this Agreement.
  7. A signed Model Release Form (for people) or a Property Release Form (for certain buildings, etc.) may be required by Member Buyers for certain Products. Such releases are intended to protect the rights of all parties involved by specifying permissions given or withheld regarding a particular photograph, model, or property. A consenting parent or legal guardian must sign a Model Release Form when the model is a minor. A sample Model Release Form may be viewed here.
  8. All Members should consult their own legal advisors to determine whether a particular Model or Property Release Form is suitable or necessary for their particular Product or use.
  9. If Products feature a recognizable person or property but such Products do not have a signed release, there may be some legal uses (such as editorial) for such Products. Therefore, T3DS does not currently require a Model or Property Release for Products, but Member Sellers should understand sales of such Products may be negatively affected if an acceptable Model or Property Release is not attached, if such a release is deemed necessary for such a Product by a Member Buyer or his legal advisor. See additional stock image licensing information.


SECTION C – INFORMATION PRIMARILY FOR MEMBER BUYERS
  1. When a priced Product is purchased and downloaded, a non-exclusive royalty-free license is granted to the original Member Buyer only, for the public use of files, for display purposes or commercial applications such as advertising, film, television, print, or software.
  2. Certain Products may contain copyrighted or trademarked images, logos, brand names, etc., and some uses of such Products may require additional licensing or clearance from the legal owners of the copyrights or trademarks. It is the sole responsibility of the Member Buyer and their legal advisor to determine before purchasing/downloading a Product, whether such licensing or clearance is necessary for their intended use of a Product and it is also the Member Buyer’s sole responsibility to obtain any such licensing or clearance.
  3. It is the sole responsibility of the Member Buyer and their legal advisor to determine whether a Model Release or Property Release is necessary for their application or use of any Product (including stock photographs or stock images) before a Product is purchased/downloaded from T3DS. It is also the sole responsibility of the Member Buyer and their legal advisor to determine whether an acceptable Model or Property Release form exists for each such Product. Member Buyers should understand this could be relevant for Products if the use involves religious groups or affiliations, pharmaceuticals, health care, tobacco, liquor, adult entertainment, personal hygiene, birth control, or any other area that could be considered sensitive, offensive, or immoral.
  4. Licenses are non-transferrable; they shall not be sold, given, or assigned to another person or entity. Member Sellers retain ownership of and full copyrights to their Products. If additional terms and conditions are contained in a Product description or in a downloadable preview file, such terms and conditions apply to the Product.
  5. Models or textures purchased from T3DS may be used in video games, simulations, VR-worlds, or other such software, with the stipulation that safeguards shall be used at all times in all such cases to prevent the end user of such software from gaining access to individual models or textures purchased from T3DS. Methods of safeguarding the models and textures include: A: Using a proprietary disc format such as Xbox 360, Playstation 3, etc. B: Using a proprietary model format. C: Using a proprietary and/or password protected database or resource file that stores the model data. D: Encrypting the model data.
  6. Products obtained, downloaded, or purchased from T3DS will not be resold, given free of charge, or redistributed except as otherwise noted for video game and simulation use in this Agreement.
  7. Products returned to T3DS for refund will be destroyed; the license to use any Product is revoked at the time a product is returned.
  8. Products obtained by means of theft or fraudulent activities of any kind is not granted a license.
  9. Free Products downloaded from T3DS (without a purchase) may be used only for personal non-commercial applications. Commercial-use licenses are granted solely for priced (purchased) Products.


SECTION D – INFORMATION PRIMARILY FOR MEMBER AFFILIATES
  1. Member Affiliates are granted a revocable, non-exclusive, worldwide, royalty-free license to use links from T3DS in various ways for purposes of facilitating referrals to the T3DS. Member Affiliates are not granted any rights to any intellectual property, technical specifications, guidelines or graphical artwork, or to T3DS trademarks, copyrights, or domain names. Examples of acceptable usage of the referral links includes but is not limited to: email signatures, blog posts and signatures, forum posts and signatures, display on websites, social networking sites, newspaper or magazine articles or other printed media.
  2. To permit accurate tracking, reporting, and referral fee accrual, T3DS will provide Member Affiliates with special "tagged" link formats to be used for referral purposes. It is the responsibility of each Member Affiliate to ensure they use the correct link format and that their links function properly.
  3. Member Affiliates acknowledge that T3DS may receive information from or about their referrals. Member Affiliates authorize T3DS to access, receive, store, use, and disclose any and all such information, consistent with policies and procedures set forth in T3DS Privacy Policy.
  4. T3DS pays two types of referral fees to Member Affiliates:
    • A 20% referral fee will be earned by Member Affiliates whenever a Member Buyer makes a purchase via the Member Affiliate’s link to T3DS. This 20% commission is based on the total dollar amount of that entire order.
    • A lifetime 5% referral fee will be earned by Member Affiliates whenever their referred Member Seller’s products are sold. Member Affiliates must use their unique referral link in order to refer Member Sellers to T3DS. There is no limit to the number of Member Sellers a Member Affiliate may refer, nor is there a limit to the total dollar amount of referral fees a Member Affiliate may earn.
  5. Member Affiliates cannot earn referral fees by referring themselves or members of their household. More than one account using the same computer IP address, billing address, payment address, email address, or other similar information will be considered the same household.
  6. Member Affiliates cannot earn referral fees if the referred person or entity is a current or past Member of T3DS.
  7. Referral fees are earned only on eligible Products after purchase is completed and payment has been received. Products listed in the Software and Plugins categories are not eligible for referral fees.


SECTION E – GENERAL INFORMATION
  1. Members agree to register using any valid email address they are entitled to use that is not hosted by any “temporary” email service.
  2. Members agree to use T3DS and its web site in a legal and ethical manner at all times.
  3. T3DS may, at any time, without notice, at its sole discretion, prohibit or remove any Product, deemed, in the sole judgment of T3DS to be objectionable or not in compliance with this Agreement.
  4. T3DS may terminate the Membership of any person or entity for any reason at any time without notice.
  5. T3DS makes no warranty of any kind, express or implied, without limitation, including warranty of merchantability or fitness for any particular purpose, for any Product on this web site.
  6. T3DS is not liable to any Member or to any third party for any claimed damages arising from the use of T3DS or its web site or any Product on its web site. All Members agree to hold T3DS harmless against all liability regarding the use of its web site and all Products on its web site.
  7. This Agreement shall be governed solely in accordance with the Laws and Statutes of the State of Arizona. All parties hereby agree to submit to the exclusive jurisdiction of the Courts of the State of Arizona.
  8. In the event any provision of this Agreement is held to be illegal, invalid, or unenforceable under any applicable law, by any court of competent jurisdiction, the legality, validity, and enforceability of the remainder of this Agreement shall remain intact.
  9. No implied or express waiver by any party of any provision of this Agreement shall prevent T3DS from enforcing any and all other provisions of this Agreement.
  10. This Agreement is effective when accepted at the time a person or entity becomes a Member. Changes become effective for existing Members at the time an updated version is published on T3DS web site.
  11. This Agreement may be changed at any time and notice will be posted in the "Profile" section of each Member account.