Introduction & Definitions

Definitions

“Seller” is a Member, who acts as a taxable person and in the course of its economic activity uploads 3D Models to the Library section of the Site and offers them for sale.

“Buyer” is a Member, who purchases 3D Models from the Site on their own behalf or on behalf of a legal entity they represent.

“Site” – 3dmolier.com website.

“3D Molier” – 3d Molier International Corp., Inc., an enterprise registered under the laws of the Republic of Panama, at 54 East Street, PO Box 0832-0886 W.T.C., Mossfon Building, 2nd floor, Panama City, Republic of Panama, represented by Director and President Hermioni Khenkin.

“3D Model” is the collection of one or more digital files. A 3D Model may include 3D Model files, geometry, texture maps, materials, motion captures, renderings and other constituent files related to the 3D Model data and its representation.

“Purchase” is the acquisition of a 3D Model by Buyer under the Terms and Conditions described on this Site.

“Creations” is the definition for the work Buyer creates with a 3D Model purchased.

“Computer Game” is a type of Creation that includes digital games, computer-based games, handheld electronic games, mobile games, online games, web-games, social games, game mods, and console-based games.

“Imagery” is a Creation made of any single image or sequence of images.

“Depicted Intellectual Property” means any intellectual property depicted in the 3D Model, including any copyright, trademark, trade dress, right of publicity, or any other proprietary right throughout the world that may apply. For purposes of clarity, this does not refer to the copyrights owned by the Seller that are licensed in this agreement.

To ease and make the Terms and conditions less repetitive, the following constructions are used:

“Include,” including,” and “such as” are considered to be followed with “but not limited to.” Examples are used here to illustrate, rather than limit, the scope of the terms.

“The following restrictions”, “the foregoing restrictions”, and “subject to the restrictions” are considered to be followed with “in addition to all other restrictions applicable within this document.”

License Rights

1. Ownership. The Seller does not grant title or ownership in 3D Models. All rights in 3D Models not expressly granted in this agreement are reserved by the Seller for itself and its licensors.

2. Rights Granted. For 3D Models, the Seller grants to Buyer a non-exclusive, perpetual, worldwide right and license to copy, distribute, reproduce, adapt, publicly display, publicly perform, digitally perform, transmit, broadcast, telecast, advertise, create derivative works, and market 3D Models within Creations in the uses authorized in this document.

3. Rights Granted When Sharing 3D Models. If Buyer Purchases as an employee of a corporate entity, sharing Purchased 3D Models with other employees of their corporate entity is allowed. Examples of allowed sharing include storing files on a networked hard drive, and aggregating 3D Models for later use in future Creations. Buyer is responsible for any downstream distribution, use, or misuse by a recipient of a shared 3D Models. In all cases, sharing 3D Models with external people or entities is only allowed in the following situations, and with the following restrictions:

a. In the production of a Creation owned by the Buyer, if they are working in collaboration with external parties, and there is a need to share 3D Models for the development and production of their Creation, sharing 3D Models with those external parties is allowed. Any external party that receives 3D Models may only use 3D Models on Buyer’s Creations and must take reasonable care to secure and limit access to 3D Models to that purpose.

b. In the production of a Creation owned by another entity (“Buyer’s Client”), if Buyer is working as a contractor and needs to share 3D Models with their Client, or any external parties working with their Client, sharing 3D Models is allowed, subject to the restriction that all parties may use 3D Models only for Buyer’s Client’s particular Creation, and for successive versions of Buyer’s Client’s Creation, such as sequel Computer Games or movies that utilize the same 3D Models. All parties must take reasonable care to secure and limit access to 3D Models to the parties working on Buyer’s Client’s Creation. For all other use by any party, 3D Models must be Purchased again to create a new license agreement governing that use.

4. Editorial Use Restriction for models with Depicted Intellectual Property. Permitted use of Depicted Intellectual Property in such 3D Models is limited to news reporting in Creations of some cultural, editorial, journalistic, or otherwise newsworthy value, including news reporting on television and the internet. A second permitted use is use within an academic setting, limited to teaching, scholarship, and research. This restriction does not apply if you have the needed authorization to use the Depicted Intellectual Property for your Creation, such as if you are owner of the Depicted Intellectual Property, or the advertising team, hired party, or licensee of the Depicted Intellectual Property owner.

5. Depicted Intellectual Property. The Seller does not own or license any Depicted Intellectual Property. The Seller does not in any way make any representations or warranties about Depicted Intellectual Property associated with 3D Models. Buyer is solely responsible for determining the need for and, if appropriate, obtaining any needed clearance, consent, or release to use any Depicted Intellectual Property in their Creations.

6. Creations of Imagery. Permitted Uses of Creations of Imagery. Subject to the following restrictions, Buyer may use Creations of Imagery within news, film, movies, television programs, video projects, multimedia projects, theatrical display, software user interfaces; architectural renderings, Computer Games, virtual worlds, simulation and training environments; corporate communications, marketing collateral, tradeshow promotional items, booth decorations and presentations; pre-visualizations, product prototyping and research; mobile, web, print, television, and billboard advertising; online and electronic publications of blogs, literature, social media, and email campaigns; website designs and layouts, desktop and mobile wallpapers, screensavers, toolbar skins; books, magazines, posters, greeting cards; apparel items, brochures, framed or printed artwork, household items, office items, lenticular prints, product packaging and manufactured products.

Restrictions on Permitted Uses of Creations of Imagery. Stock Media Clearinghouse. Buyer may NOT publish or distribute Creations of Imagery through another stock media clearinghouse, for example as part of an online marketplace for photography, clip art, or design templates.

7. Creations of Computer Games and Software. Permitted Uses in Creations of Computer Games and Software. Subject to the following restrictions, Buyer may incorporate 3D Models in Creations of Computer Games, virtual worlds, simulation and training environments; mobile, desktop and web applications; and interactive electronic publications of literature such as e-books and electronic textbooks.

Restrictions on Permitted Uses of 3D Models in Creations of Games and Software.

a. Interactivity. Buyer’s inclusion of 3D Models within any such Creation is limited to uses where the 3D Model is contained in an interactive experience for the user and not made available outside of the interactive experience. Such a permitted example of this use would be to include a 3D Model of human anatomy in a medical training application in a way that the 3D Model or its environment may be manipulated or interacted with.

b. Access to 3D Models. Buyer must take all reasonable and industry standard measures to incorporate 3D Models within Creations to prevent other parties from gaining access to 3D Models. 3D Models must be contained in proprietary formats so that they cannot be opened or imported in a publicly available software application or framework or extracted without reverse engineering. WebGL exports from Unity, Unreal, and Lumberyard are permitted. Any other open format or format encrypted with decryptable open standards (such as an encrypted compression archive or other WebGL programs not listed here) are prohibited from using 3D Models.

c. Open Systems. Buyer typically may NOT include 3D Models in Creations that have the general functionality for importing and/or exporting 3D Models. An example of such a prohibited use is to include 3D Models as a starter library within a standard retail Software Creation that allows users to generally work with 3D Models, even if the 3D Model itself is somehow protected and is not capable of being exported. An allowed use is for custom or enterprise software in certain circumstances.

d. Virtual Good Sales. Buyer may NOT import, upload, reproduce, make available, publish, transmit, distribute, or sublicense 3D Models in Creations of virtual goods or worlds for any 3D community (“Virtual World”), unless they or their Client owns the Virtual World platform and it complies with the previous restrictions.

8. Creations of Physical Form. Permitted Uses in Creations of Physical Form. Subject to the following restrictions, Buyer may use 3D Models to make Physical Creations such as 3D printed works, articles of manufacture, custom vehicles, furniture, jewelry, sculptural artwork, toys, and physical entertainment goods (“Creations of Physical Form”).

Restrictions on Permitted Uses in Creations of Physical Form.

a. Substantially Similar Creations. Permitted use of any Creation of Physical Form in which a 3D Model is untransformed or substantially similar to the 3D Model is limited to personal use, gifts, or charitable donations, with a maximum of 5 instances of such Creation per Purchase; unless the 3D Model is a small part of a much larger array of other physical objects in the Creation. For example, if Buyer is creating a real-world, physical human skeleton for manufacture for sale, it is permitted to add a 3D printed human head that exactly resembles the Purchased 3D Model, but it is not permitted to sell the 3D printed head by itself. Another permitted example of a 3D Model being a small part of a larger array is using a 3D Model that ends up within an automobile as a part of the automobile.

b. No Depicted Intellectual Property. Buyer may NOT reproduce Depicted Intellectual Property in any Creation of Physical Form for any purpose. For example, Buyer may NOT make Physical Form Creations of a copyrighted character (Spiderman, Elsa, Slimer), or branded technology (Apple, Toshiba, Samsung).

9. Unauthorized Use. If the Buyer uses 3D Models in an unauthorized way, the Seller may pursue other penalties, damages, losses, and profits the Seller is entitled to under this agreement or at law or equity. The following are unauthorized uses that are explicitly prohibited:

a. Competition. Buyer may NOT use 3D Models in a way that competes with the Seller, including distributing through 3D Model Clearinghouses. Buyer may NOT publish, distribute, or make 3D Models available through any online clearinghouse infrastructure. Buyer may not redistribute 3D Models as part of any design template, After Effects template, stock photography, video or clip art for distribution or licensing through any online stock media clearinghouse whatsoever.

b. Re-Distribution. Buyer may NOT redistribute, publish, or make 3D Models available to any third party except in the form of a permitted Creation, or shared as authorized in this agreement.

c. Group Buying. Buyer may NOT aggregate funds to Purchase 3D Models with one or more other parties. An example of this prohibited use is a website membership where members pool their money to make a single Purchase that is shared by the members of the group. Each such member must Purchase individually.

d. No Obscene or Unlawful Use. Buyer may NOT use 3D Models for any defamatory, harassing, pornographic, obscene, or racist purpose, or to infringe any party’s Depicted Intellectual Property rights.

e. False Attribution. Buyer may NOT misrepresent themselves as the creator of 3D Models.

License Term & Termination

1. Term. Buyer’s right and license to 3D Models is perpetual, unless terminated as described herein.

2. Termination. Buyer’s license grant is terminated immediately and without notice in the cases below. In such termination, Buyer and any recipients of 3D Models must cease use, distribution, and destroy all copies of 3D Models.

a. Reversal of Purchase. Buyer’s right and license to 3D Models are contingent on their Purchase of 3D Models. Any payment reversal of a Purchase for any reason immediately terminates all rights granted under this agreement. Potential Reasons for a payment reversal include:

i. The Seller reverses Buyer’s Purchase at Buyer’s request.

ii. The Seller receives a chargeback or other notice from Buyer’s bank or credit card canceling their Purchase and/or withdrawing the funds used for their Purchase.

iii. The Seller determines in its sole discretion that Buyer’s Purchase was fraudulent.

b. Failure to Abide by the License Grant. Material failure to abide by the terms of this agreement immediately terminates Buyer’s right and license to 3D Models.

Warranties

Buyer covenants, represents, and warrants to the Seller that:

Buyer has full right, power, legal capacity, and authority to enter into and perform this Purchase, has obtained any third-party consent needed to do so, and, prior to any Purchase, had an opportunity to seek independent legal counsel.

Buyer will not use 3D Models except pursuant to the terms of this agreement. Should they use 3D Models in an unauthorized way, Buyer agrees to any reasonable fee or penalty exercised by the Seller under this document or applicable law.

Buyer will, prior to Purchase, determine the need for and, if appropriate, obtain any needed third-party clearance, consent, or release to use Depicted Intellectual Property shown in the digital rendering of 3D Models, and shall not use 3D Models to infringe any party’s Depicted Intellectual Property rights.

Limitation of Liability

1. To the fullest extent permitted by law, the Seller shall not be liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with 3D Models

2. Buyer agrees to indemnify and hold the Seller and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, licensee, suppliers, alliance members, other partners, employees and representatives (“The Seller Parties”) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of their use of 3D Models or Creations.

Confidentiality

The Buyer agrees to keep any confidential information related to the Models or the Seller's proprietary techniques confidential and not disclose it to any third parties without the Seller's prior written consent. Indemnification:

The Buyer agrees to indemnify and hold the Seller harmless from any claims, liabilities, or damages arising out of the Buyer's use of the Models or any breach of this Agreement.

Other Terms

1. Entire Agreement. This agreement constitutes the entire agreement between the Buyer and the Seller relating to Buyer’s Purchase.

2. Choice of legislation. The relationship between the Seller and the Buyer shall be governed by the laws of the State of California without regard to its conflict of law provisions. The Seller and the Buyer agree to submit to the personal and exclusive jurisdiction of the courts located within the State of California.

Refund policy

3D Molier takes product quality-related issues very seriously and is always determined in resolving them to satisfy customer expectations. The refund request should be submitted to 3dmolier@3dmolier.com within 7 days after the purchase and should be based on the reason identified below:

Crucial model parts, details, textures or files are missing (not applicable when issues are caused by exchange format limitations) and missing parts can not be provided by the seller within 3 days.

When requesting a refund, please, indicate the purchase order number, the problem encountered, software and file formats used. After receiving a refund request, 3D Molier commits to process the request within 3 business days. In case of a refund, Buyer is legally bound to destroy all copies of purchased product files without the right to keep or use them in the future.