END-USER LICENSE AGREEMENT FOR 3DSTOCK PRODUCTS
The following sets of terms and conditions of use of the 3DStock.org Content and 3DStock Software (3Dstock.org) and governs the relationship between 3DSTOCK INC. as Licensor and the end-user of 3DStock Products as Licensee.
1. Definitions
For the purposes of the present License Agreement, the terms and the phrases listed in the bellow shall have the following meaning:
In this Agreement: “you” or the “Client” or the “End-user” means you, if you are accepting on behalf of your employer or member account entity, then “you” means that employer or entity and affiliates; Stock 3DStock ”or“ we ”means SANTRAL COMPANY. Ltd., operator of the Site; and “Content” means any 3D file, image or any other material that you are downloading from the Site, together with any accompanying material.
2. License Terms
a. We hereby grant you a perpetual, non-exclusive, non-transferable worldwide license to use the Content for the Permitted Uses (as defined below). Unless the activity or use is a prohibited activity or use.
b. Permitted Uses (as defined below). For clarity, you may not use the content in the resale, license or other distribution, or if the original content has been fundamentally modified or transformed sufficiently. where the primary value of such a transformed or derivative work is not recognized. For example, you may not superficially modify the content and sell it to others for use, reproduction or re-sale.
3. Permitted Uses
Subject to the restrictions described under Permitted Uses Content of Content:
a. Advertising and promotional projects, such as CG visualizations, multimedia presentations, including film and video, commercials, broadcast and theatrical presentations;
b. Entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters;
c. On-line or electronic publications, including web pages and / or internet broadcast;
D. Prints, posters, catalogs, brochures (i.e. a hardcopy) and other;
to. Any type of personal projects and / or artwork;
4. Prohibited Uses
You may not do anything with the Content. For greater certainty, the following are “Prohibited Uses” and you may not:
a. Use the Content in applications intended for resale;
b. Content of an electronic file
c. Remove any notice of copyright, trade-mark or other proprietary
D. Sub-license, re-sell, rent, lend, assign, give away or otherwise transfer or distribute
to. Install and use the content in a network location or a network server.
f. Use or display the content in an electronic format that makes it possible for it to be downloaded or distributed.
If you serve as a seller on this web page. You are responsible for all the products you publish and sell. The 3dstock family is not responsible for any legal and non-legal damages.
This agreement will be valid in all legal areas. 3dstock is just a common sharing platform.
5. Activation of and Access to the 3DStock Products
1- In order to use the 3DStock Products the end-user shall:
Have a registration in 3DStock.org;
Purchase any of the 3d models available on the website 3DStock.org;
Agree with the present License Agreement;
Pay the charge applicable to the respective Product(s).
2- The end-user’s purchasing request shall be submitted by the consecutive performance of the following actions:
Choosing a 3d model(s) by clicking on the “Add to shopping cart” virtual button;
Choosing a method of payment and entering of invoice information (if applicable);
Review of the information filled in the registration form;
Confirmation of the purchasing request through the button “Place order”.
6. Duration
The term of this License Agreement shall commence on the date of its conclusion and shall remain in full force for any future use of the Content, which is paid and/or downloaded by the end-user from 3DStock.
7. Termination and Rescission
In case of termination or rescission of the present License Agreement, the end-user shall immediately cease the use of the 3DStock Products and shall be obliged to erase all copies of 3DStock Products made.
8. Amendment to the Present License Agreement
a. As far as the services and products of 3DStock are various and permanently increasing and modifiable with a view to their improving and widening, as well as in accordance with the changes in the applicable law, the present License Agreement may be amended unilaterally by 3DStock. Further amendments to the present License Agreement shall not affect any Content, which is already paid/prepaid/downloaded by the end-user without his/her prior consent.
b. Updates of the 3DStock Products may be granted to the end-user under additional or different terms.
9. Rights and Obligations of the End-User
The end-user undertakes:
a. To pay the charges for the corresponding 3d model(s), chosen by him/her;
b. Not to share free, resale, copy, multiply, distribute, modify or use 3DStock Products in any other way which is in violation of the present License Agreement;
c. When using the 3DStock Products the end-user is obliged:
d. To observe the applicable law, the present License Agreement and the rules of morality and good faith;
e. Not to breach material or non-material rights of third parties, including intellectual property rights over any of the components or elements, included in the 3DStock Products;
f. Not to perform and not to try to attain unauthorized use of the 3DStock Products.
10. Intellectual Property Rights
a. 3DStock exclusively owns or is entitled to grant any intellectual property right over the 3DStock Products.
b. The law protects 3DStock Content and 3DStock content, three-dimensional model products, image files, video content, and all produced items in the object dump. Unless expressly stated herein, this License Agreement grants you no intellectual property rights to products to the end user, 3DStock Products or 3DStock Content. The relevant owner of the intellectual property rights on the original interior design products contained in 3DStock reserves all rights not expressly granted.
11. Conclusion of the License Agreement.
a. By completing the payment and/or free downloads pages and clicking on the button “Place order” or “Download models now”, the end-user performs an electronic statement within the meaning of the Electronic Document and Electronic Signature Act and declares that he/she is acquainted with the License Agreement, accepts its terms and conditions and undertakes to observe it. The electronic statement, by its storage on the 3DStock ‘s 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. 3DStock may store in log-files on its server the end-user’s IP address, as well as any other information necessary for the identification of the end-user and for the reproduction of his/her electronic statement of acceptance of the present License Agreement in case a legal dispute arises . The end-user may correct the information, which he/she filled in the payment/download pages and forms before the performance of the statement under the present paragraph.
b. All payments and/or content downloads performed on 3DStock.org and the statement under paragraph 14 above shall be performed by the legal representative of the end-user – legal entity.
c. The License Agreement shall take effect at the moment when the consent is expressed as described under paragraph 14 above. The License Agreement shall be concluded in English.
d. 3DStock shall confirm the receipt of the statement under paragraph 14 above by sending a communication to the end-user’s email address filled in the payment/download form(s). The communication shall include:
The name, registered address and contact details of 3DStock to which the end-user may address any complaints;
Hyperlink to the text of the present License Agreement;
The charge for the requested 3d model(s), including all taxes;
The arrangements for payment and performance;
Information on after-sales services and guarantees, which exist (if any);
e. The payment request shall not impose obligation on 3DStock in cases where the email address of the end-user filled in the registration/payment form is wrong, incorrect or incomplete or where 3DStock has not received a valid payment of the charges applicable to the respective Content.
12. Liability
a. 3DStock makes no representations or warranties whatsoever, as to the legality or validity of your use of the content. The content and accompanying materials (if applicable), are provided “AS IS” without warranty of any kind, either express or implied, including, but not limited to the implied warranties of non-infringement, merchantability, or fitness for a particular purpose.
b. 3DStock grants no rights and makes no representations or warranties with respect to the use of any names, trademarks, copyrighted designs or works in the content. It is your responsibility to make sure that all necessary rights, consents, or permissions that may be required for your use of any content are obtained.
c. 3DStock does not guarantee that the content, 3DStock website(s), or other materials, will meet your requirement or that use will be uninterrupted or error free. The entire risk as to the quality, performance and use of the content is assumed solely by you.
d. In no event shall 3DStock’s 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 3DStock website and/or content exceed the monetary amount actually received by 3DStock from you for your use of the applicable content. Neither 3DStock nor any of its managers, employees, members or suppliers shall be held liable by you or by any other person or entity for any damages, costs or losses arising out of your use of the content, even if 3DStock has been advised of the possibility of such damages, costs or losses.
e. The 3DStock products may allow access to third parties’ websites. 3DStock is not liable for the content of these websites, the availability and the quality of the goods and the services provided through these websites or the performance of all undertaken obligations, pertaining to their provision, as far as the actions of the third parties are not under the 3DStock’s control.
13. Force Majeure
Non-performance of the obligations by either party under this License Agreement, other than payment of money, shall be excused if the performance of such obligations is prevented or delayed due to any act or cause beyond the control of the non-performing party, and where such act or cause could not have reasonably been foreseen and avoided by such party; and provided that such breaching party shall promptly notify the other party of the existence of such cause and shall at all times use the best efforts to resume and complete the performance promptly.
14. Written Form
The written form shall be considered accomplished by sending an e-mail, clicking on a virtual button in web page, clicking on a check-box in the website 3DStock.org or similar actions, as far as the statement is technically stored in a way that allows for its reproduction.
15. Applicable Law
a. The present License Agreement shall be governed by and construed in accordance with the laws of the Republic of Turkey.
b. For all matters not explicitly provided for by the present License Agreement, the provisions of the General Terms and Conditions of 3DStock.org and of the Turkey legislation currently in force shall apply.
c. This License Agreement shall not prejudice the statutory rights of any party dealing as consumer.
16. General Provisions
a. You specifically agree and acknowledge that you have, in addition to the terms of this Agreement, reviewed the terms of the Rules for using 3DStock.org and any other agreements which may be incorporated by reference therein, and to the extent of their incorporation in this Agreement you agree to be bound by them.
b. 3DStock’sfailure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
c. This Agreement is personal to you and is not assignable by you without 3DStock’s prior written consent. 3DStock may assign this Agreement without your consent to any other party so long as such party agrees to be bound by its terms.
d. If all or part of any provision of this Agreement is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place of such whole or part provision an enforceable provision or provisions, that as nearly as possible reflects the terms of the unenforceable whole or part provision.
e. The parties agree that in case some of the clauses of the present License Agreement are found to be invalid, this shall not entail invalidity of the License Agreement, its clauses or other parts of the contract. The invalid clause shall be substitute by the imperative rules of the applicable law or the established practice.
f. You agree to pay and be responsible for any and all sales taxes, usage fees, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the Content, pursuant to this Agreement.
YOUR PRIVACY IS IMPORTANT FOR US.
What personal data we collect
Personal information is data that can be used to uniquely identify or contact a single person.
When you register an account, purchase or download a product or participate in an online survey, we may collect information, including your name, mailing address, email address, phone number and other information you may be asked to provide.
It’s important to know that we do not store on file your credit card details you provide when you make a purchase on 3DStock.org.
How we process your personal data
The personal information we collect allows us to keep you posted on the latest 3d models, announcements and events. It’s helping us to improve our services and content. If you don’t want to receive any emails from us, you can opt out anytime by updating your account preferences.
We also use your personal data to develop new products and services or for internal data analysis and research.
Use of non-personal data
We may also collect non-personal data which does not permit direct association with any specific individual. We may use and/or disclose non-personal data for any purpose.
Cookies
We may use “cookies” to better understand our website visitor’s behavior or to remember personal information when you use our website to offer you better and more personal experience.
The following information is collected with “cookies” on 3DStock.org:
your IP address or proxy server IP address’;
the domain name you requested;
the name of your internet service provider is sometimes captured depending on the configuration of your ISP connection;
the date and time of your visit to the website;
the length of your session;
the pages which you have accessed;
the number of times you access our site within any month;
the file URL you look at and information relating to it;
the website which referred you to our Service; and
the operating system which your computer uses.
This information is used for internal and external analysis tools (Google & Facebook Analytics). The “cookies” are utilised for targeting and marketing through the networks of Google and Facebook.
You can disable or delete the “cookies” of your browser or use various tools to prevent their collection. This can lower the experience on our websites.
We treat all data collected by “cookies” as personal for the purposes of this Privacy Policy.
Protection
3DStock online services use Geotrust certified Secure Sockets Layer (SSL) encryption on all web pages where personal data is collected.
Disclosure to third parties
We will not reveal any personal data and will not provide or transfer the collected personal data to third parties – state or municipal authorities, companies, natural persons and others, except in the following cases:
you have expressed your explicit consent during or after the registration process;
the personal data is duly requested by competent authorities in compliance with the applicable law; or
in other provided for by the applicable law.
Opt-out of service
We will only contact you if you’ve given your consent to receive information from us. You can change these setting in your account.
If you want to permanently remove your account from our database, please, contact our support team.
We are here for you
We are working with our customers to answer any questions and address any concerns regarding how we protect their personal data. If you have any questions, please don’t hesitate to reach out.
