End User License Agreement
Access to and use of The3dStudio.com, Inc. web site (“Site”) is subject to this End User License Agreement (“Agreement”), which is a binding contract between you and The3dStudio.com, Inc. ("T3DS" or "we"). If you access or use this Site, you hereby accept all terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, do not access or use this Site.
SECTION A - ELECTRONIC SIGNATURE
You agree to do business with T3DS electronically. You (i) consent to the electronic communication and delivery of all documents related to this Site and its Product/Content, as defined below, (ii) agree that your agreement to this Agreement is a binding form of your electronic signature, (iii) represent that you have internet access and a valid e-mail address enabling you access to T3DS website and to receive communications and documents electronically, and (iv) represent that you have a printer or other device to print or save communications and documents, including this Agreement, and that you have printed or otherwise saved a copy of this Agreement for your records. This consent is effective until you withdraw it.
SECTION B - USE OF OUR SITE
You agree to use this Site in a legal and ethical manner at all times. You agree not to use, copy, modify, distribute, republish, reverse engineer, display, decompile, mirror, translate, disassemble, or transmit any of the Product/Content (defined below) or other materials on this Site without our express written permission.
This Site contains copyrighted materials of T3DS. The distinctive and original layout, design, and presentation of this Site constitute protectable trade dress under applicable federal law. In addition, proprietary names belonging to T3DS appear throughout the Site. The Site may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to T3DS or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.
You agree to comply with domestic, foreign and international laws, statutes, ordinances, and regulations applicable to your use of this Site. You also agree to follow any other guidelines or rules provided or posted on this Site.
Before any person or entity may upload or download any item to or from this Site or use the blog feature or use the Affiliate Referral Program, that person or entity is required to become a Member (“Member”) of T3DS. Membership is free.
T3DS is a forum only. We have no liability for any Product/Content. You are solely liable for all Product/Content that you upload as a Member Seller or download as a Member Buyer.
SECTION C – DEFINITIONS OF ADDITIONAL TERMS USED IN THIS AGREEMENT
SECTION D – INFORMATION PRIMARILY FOR MEMBER SELLERS
- All products for download on T3DS and any other material you may upload or post (such as blog postings) are referred to as Product/Content, and include, but are not limited to, computer files, models, textures, photographs, images, blog posts or comments, and other items.
- Members who upload Product/Content will be referred to as Member Sellers.
- Members who download Product/Content will be referred to as Member Buyers.
- Members who participate in the Affiliate Referral Program will be referred to as Member Affiliates.
SECTION E – INFORMATION PRIMARILY FOR MEMBER BUYERS
- Members may only upload Product/Content they own or otherwise have the right to use and upload. T3DS does not own any Product/Content uploaded by Members.
- If you upload Product/Content, you represent that the Product/Content and use of the Product/Content permitted by this Agreement does not infringe the intellectual property of any other party. You also represent that you have obtained all necessary model or property releases for use and licensing of the Product/Content. See a sample Model Release here.
- All Members should consult their own legal advisors to determine whether a particular Model or Property Release Form is suitable or necessary for uploading particular Product/Content or for a particular use of a Product/Content, or whether such use is a fair use. Member Sellers should understand that licenses of Product/Content without a release attached may be negatively impacted if a release is deemed necessary by a Member Buyer or their legal advisor. See additional stock image licensing information here.
- Members may not upload or add Product/Content that violates any international or domestic law, statute, ordinance, or regulation. Product/Content cannot be defamatory, libelous, pornographic, obscene, offensive or evocative of racial hatred of any kind, and cannot contain any viruses, spam, malware or other programming routines that detrimentally interfere with computer systems or data.
- Members may not test, purchase or download their own products or reverse engineer them or otherwise copy any proprietary information or ideas from T3DS. Members should keep a backup of their own files at all times. Members’ files on T3DS cannot be used as a backup source.
- Member Buyers may download and use Product/Content as stated in this Agreement after they pay the price specified for that Product/Content, if applicable, and agree to any terms and conditions specified for that Product/Content, including this Agreement and any additional terms and conditions the Member Seller may impose.
- Member Sellers may require that certain Product/Content be used for "Editorial Use Only" and may seek to limit any Member Buyer’s use of such Product/Content for such editorial uses. Examples of editorial use/fair use may include illustrating issues of general interest, social commentary, reporting news, etc.
- For any Product/Content you submit to T3DS as a Member Seller, you grant, and represent that you have the authority to grant, to T3DS a non-exclusive, worldwide, royalty-free, license in any medium, to:
- Sublicense the Product/Content to Member Buyers and to publicly display and distribute the Product/Content as contemplated by this Agreement;
- Create and use samples of the Product/Content for advertising purposes, in T3DS’s sole discretion, without compensation to the Member Seller;
- Use any trademarks, service marks or trade names or copyrighted material incorporated in the Product/Content;
- Use the name and likeness of any individuals or properties represented in the Product/Content;
- Member Sellers receive royalties for their Product/Content downloaded by Member Buyers. Information on royalties and payment options can be found here.
- Member Sellers may only sell Product/Content from one Member account / login.
- It is the sole responsibility of each Member Seller to ensure that their T3DS Member profile includes up-to-date and accurate information allowing for payment by T3DS. If the information is incorrect or inaccurate, payments may be delayed or you might not receive payments. If you are owed any royalty payments, we will attempt to transmit the payment to you using the contact information supplied by you in your Member Account Information. We will attempt to contact you for a period of three (3) years starting from the date the royalty is earned. If we are unable to process your royalty payment within the three (3) year period, you will forfeit any payment owed to you.
SECTION F – INFORMATION PRIMARILY FOR MEMBER AFFILIATES
- If you download Product/Content, you may not use the Product/Content in a manner that infringes the intellectual property of any other party. You may not reverse engineer any Product/Content. You must abide by the terms of the license granted to you under this Agreement, as well as any additional Member Seller terms included with the Product/Content.
- Following your payment of any applicable license fee for any Product/Content, you may download the Product/Content and use it as described below. Your license to use the Product/Content is non-exclusive and is granted only to you as the original Member Buyer. You may only incorporate the Product/Content into a separate work or product such as advertisements, film, television, print, or software, or the creation of derivatives based upon or using the Product/Content.
- Product/Content downloaded at no charge from T3DS (free) may be used only for personal non-commercial applications. Commercial-use licenses are only granted for priced (purchased) Product/Content.
- Certain Product/Content with third party copyrighted or trademarked images, logos, brand names, etc., may require additional licensing, rights, permissions, releases, or clearance for non-editorial use. It is the sole responsibility of the Member Buyer and their legal advisor to determine, before purchasing, downloading or using any Product/Content, whether additional licensing, rights, permissions, releases, or clearance are necessary for the intended use of Product/Content. It is the Member Buyer’s sole responsibility to obtain any licensing, rights, permissions, or clearance. Member Buyers should understand additional licensing, rights, permissions, releases, or clearance may be relevant for Product/Content if the intended 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.
- Licenses are non-transferrable. Product/Content may not be sold, given, or assigned to another person or entity in the form it is downloaded from T3DS. Member Buyers do not own any Product/Content. If additional terms and conditions are contained in a Product/Content description or in a downloadable preview file, those additional terms and conditions apply to the Product/Content.
- If you use any Product/Content in software products (such as video games, simulations, or VR-worlds) you must take all reasonable measures to prevent the end user from gaining access to the Product/Content. Methods of safeguarding the Product/Content include but are not limited to:
- Using a proprietary disc format such as Xbox 360, Playstation 3, etc.
- Using a proprietary Product/Content format.
- Using a proprietary and/or password protected database or resource file that stores the Product/Content data.
- Encrypting the Product/Content data.
- Product/Content returned to T3DS for refund must be destroyed by the Member Buyer; the license to use any Product/Content is revoked at the time Product/Content is returned.
- Product/Content obtained by means of theft or fraudulent activity of any kind is not granted a license.
SECTION G – GENERAL INFORMATION
- Member Affiliates are granted a revocable, non-exclusive, worldwide, royalty-free license to use links to the Site for the purposes of facilitating referrals to the Site. 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 include but are 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.
- 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. T3DS cannot pay referral fees if the Member Affiliate does not use the correct link that allows us to track the referrals.
- Referral fees for Member Affiliates are further described in the Member Affiliate Policy. These additional Member Affiliate Program terms are incorporated with this reference into your Agreement with T3DS.
- 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.
- Member Affiliates cannot earn referral fees if the referred person or entity is a current or past Member of T3DS.
- Referral fees are earned only on eligible Product/Content after Member Buyer's transaction is completed and payment has been received. Products listed in the Software and Plugins categories are not eligible for referral fees.
SECTION H – DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
- You are responsible for all activity that takes place under your Member user ID. It is your responsibility to maintain the confidentiality of your user ID and password.
- Members agree to register using a valid email address they are entitled to use that is not hosted by any temporary email service.
- T3DS may provide interactive areas (such as blogs, etc.) where content is not confidential. Members should exercise the utmost discretion before providing any personal information on these interactive areas of the Site. Users of interactive areas are solely responsible for the content and consequences of anything they post. T3DS will have no liability for content and consequences of such postings.
- Although T3DS is not obligated to monitor content or accuracy of information on the Site, we retain the right, in our sole and absolute discretion, to monitor, edit, prohibit, or remove any Product/Content, at any time, without notice, for any reason.
- Because Product/Content is delivered via the Internet, there may be some circumstances where the delivery of Product/Content is delayed. In no event will T3DS be liable for any delays in delivery or performance caused by your failure to provide necessary and accurate information in a timely manner, or caused by circumstances or causes beyond T3DS’s reasonable control.
- T3DS may terminate or deactivate the Membership of any person or entity for any reason at any time without notice.
- Changes to this Agreement become effective for existing Members at the time an updated version is published on this Site. Notice of material changes will be posted in the "Profile" section of each Member account for a minimum of 45 days. By accessing or using this Site after such changes are posted, you agree and consent to all such changes.
T3DS respects the rights of intellectual property owners, and asks that its users and Members do the same. If you believe that your work is being infringed, you must provide our Copyright Agent with all of the following information in the form prescribed by Section 512 of Title 17, United States Code:
- A description of the copyrighted work you claim has been infringed,
- A description of the material that you claim is infringing, identified with sufficient detail for us to locate it on the Site,
- Your address, telephone number and e-mail address,
- A statement by you that you have a good faith belief that the disputed use is not authorized,
- A statement by you declaring under penalty of perjury that the above information is true and that you are the owner of the copyrighted interest or authorized to act on the copyright owner’s behalf, and
- A physical or electronic signature of the person authorized to act on behalf of the copyright owner’s interest.
- Our Copyright Agent for notice of claims of copyright infringement on this Site can be reached online or as follows:
3D Systems Corporation
Mesa, AZ 85275
Once your DMCA takedown is received we will remove the infringing content and forward your takedown request and information to the other party.
You understand and agree that: (1) we assume no liability or responsibility for any third party Product/Content or material of any kind that is submitted to or posted on or through the Site by you or by any other users or third parties and (2) we are a publisher of any such Product/Content, and are acting solely as a Service Provider as such term is defined in the Digital Millennium Copyright Act.
SECTION I – STUFF OUR ATTORNEY MADE US INCLUDE
This section contains important information that you should read carefully. Because we cannot guarantee the Product/Content you download or access via this site is problem-free, our liability to you is limited, as described below. You are also agreeing to indemnify us. We cannot provide a warranty for the Product/Content hosted on this site—it is provided on an 'as is' basis, as described below.
You will indemnify, defend and hold harmless T3DS, its affiliates, and their respective officers, shareholders, partners, representatives, agents and employees from any and all liability, loss, damages, claim and expense, including reasonable attorney's fees, related to or arising from your violation of this Agreement, your use or misuse of the Site or Product/Content, or any infringement of any intellectual property or other right as a result of the of Product/Content or your use or provision of the Product/Content. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which you will cooperate with us in asserting any available defenses.
IN NO EVENT SHALL T3DS OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, SHAREHOLDERS, PARTNERS, REPRESENTATIVES, AGENTS AND EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR PERFORMANCE OF THIS SITE OR ANY LINKED WEB SITE OR TO ANY PRODUCT/CONTENT OR OTHER MATERIAL OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT YOUR INABILITY TO USE THIS SITE OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE OF ANY INFORMATION, ADVICE OR MATERIALS ON THIS SITE, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF T3DS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE SITE, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you.
T3DS is only a forum. T3DS has no control over the quality or legality of any Product/Content on this Site or the accuracy of any related information. It is your full responsibility to ensure the quality and legality of any Product/Content and its use. You agree that we have no liability for any misrepresentation, incomplete statement or failure to disclose any Product/Content data, or for any claims arising from a transaction resulting from your use of the Site or a business transaction you enter into using the Site. T3DS’s sole obligation is to permit Member Buyers to download Product/Content (as uploaded by Member Seller) upon payment in full of any fee set by Member Seller.
T3DS makes all commercially reasonable efforts to ensure that all material, information and data on this Site are accurate and reliable; however, accuracy cannot be guaranteed.
THIS SITE IS PROVIDED BY T3DS ON AN “AS IS” BASIS. T3DS MAKES NO WARRANTIES WITH RESPECT TO THIS SITE, AND DISCLAIMS ALL APPLICABLE WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT FOR THE SITE AND ALL PRODUCT/CONTENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE IN TRADE. T3DS MAKES NO WARRANTY OR REPRESENTATION REGARDING RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR USE OF MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THIS SITE, OR REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THIS SITE. T3DS DOES NOT WARRANT OR GUARANTEE (1) THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF THIS SITE OR ANY PRODUCT/CONTENT OR OTHER MATERIAL, OBTAINED THROUGH USE OF THIS SITE OR (2) THAT USE OF THIS SITE OR ANY PRODUCT/CONTENT ON THIS SITE WILL MEET ANY REQUIREMENT, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. T3DS SHALL HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATION.
You acknowledge and agree that (1) your use of this Site and Product/Content is at your own discretion and risk, and (2) you are solely responsible for any damage that results from the download and use of any Product/Content.
T3DS does not warrant or guarantee that Product/Content or other materials and information available through this Site will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system.
T3DS is not liable to users and Members of this Site for any damage resulting from use of this Site or use of Product/Content obtained from this Site, and is not in any way responsible for the conduct of users or Members of this Site or for Product/Content posted or exchanged on this Site.
No advice or information, whether oral or written, obtained by you from T3DS or in any manner from this Site shall create any warranty.
Third-Party Web Sites
This Site may link to, or be linked to, other web sites not maintained by or related to T3DS. These links are provided only as a service to our users and Members. T3DS is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with any linked or linking web site. T3DS has not reviewed all third party web sites and is not responsible for their content, accuracy, or policies. If you link to or retrieve any other pages or web sites it is at your own risk.
Dispute Resolution and Interpretation
The laws of the State of Arizona and the United States govern this Agreement without regard to any choice of laws or conflicts of law provisions. You agree that any lawsuit arising from or related this Site shall be brought exclusively in the federal or state courts located in Maricopa County, State of Arizona, United States and you consent to the exclusive jurisdiction of such courts. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.
All payments shall be made in US dollars.
If any provision of this Agreement is held invalid, void, or for any reason unenforceable, that provision shall be severed from this Agreement and the remaining condition will remain in force to the fullest extent provided by law.
Any amendments or waiver of any portion of this Agreement will be effective only if in writing and signed by an authorized officer of T3DS. This is the entire agreement applicable to Product/Content and your use of the Site.
No partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by this Agreement.