Terms & Conditions
Please read this Licensing Policy (“Policy”) carefully. By purchasing, downloading, displaying, accessing or using 3D Models from Site, You agree to the all the terms of this Policy, as it may be updated or amended from time to time.
Introduction & Definitions
- 1.1 Some words in the Policy are given specific meanings. Words that appear initially in quotations, such as “Policy” and “You”, are defined in the text preceding the word. Other capitalized words are defined below:
- 1.1.1 “3D Model(s)” is the collection of one or more digital files, packaged in the form of a product on the Site that can be identified by a 3D Model ID, and that is made available to You for Purchase on the Site. A 3D Model may include 3D Model files, geometry, texture maps, sound effects, materials, motion captures, renderings and other constituent files related to the 3D Model data and its representation.
- 1.1.2 “Custom Asset” shall mean the online purchase of the 3D Model made by the User by providing custom details or uploading a separate reference file to the Site.
- 1.1.3 “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 creator of the 3D Model that are licensed in this Policy.
- 1.1.4 “Specification” shall mean such additional elements / alterations which can be added to the 3D Model by providing details, characteristics, components, etc. of the specification.
- 1.1.5 “Site” refers to the My3DMeta websites, API's, software applications or any approved means or utility either currently in existence or in the future; the software and source code used by My3DMeta to provide such services; user interface layouts, designs, images, text, sound effects, knowledge base articles, program offers; site information provided in reports (such as popular keyword searches); and all other intellectual property protected under copyright, trademark, patent, publicity, or any other proprietary right.
- 1.1.6 “Store” shall mean the online store of My3DMeta where You may purchase a 3D Model(s) by choosing any of the pre-existing 3D Model(s).
- 1.1.7 “Purchase” is the acquisition of a 3D Model by You from the Site under the Policy, whether as a purchase of 3D Model made available at a price of greater than $0 (US Dollars Zero), or a download of 3D Model made available at certain charge amount.
- 1.1.8 “My3DMeta” includes all licensed affiliates and partners that distribute 3D Models.
- 1.1.9 “Character Creation” is a type of 3D Model which can be purchased by using the credits of the User on the Site without any Specialization. The User may ask for one time Specialization upon the delivery of the 3D Model.
- 1.2 To make reading the Policy easier and less repetitive, the following constructions are used:
- 1.2.1 “Include,” including,” and “such as” are considered to be followed with “but not limited to.” Examples are used in the Policy to illustrate, rather than limit, the scope of the terms.
- 1.2.2 “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 the Policy.”
- Eligibility Criteria
- 2.1 “You” refers to the purchasing entity, whether:
- 2.1.1 that is a natural person who must be at least 18 years of age, or
- 2.1.2 a corporate entity.
- Type of 3D Model
- 3.1 You may purchase following types 3D Model(s) through the Site:
- 3.1.1 3D Model(s) available at the Store;
- 3.1.2 3D Model(s) as Custom Asset; and
- 3.1.3 3D Model(s) as Character Creation.
- Types of License Rights
- 4.1 Purchase of 3D Model. The Purchase of a 3D Model refers to the purchase of a limited copyright license only and work itself if and only if purchased in Exclusive License. As between You and My3DMeta, My3DMeta retains ownership of the 3D Model for Standard License. The rights granted in the Policy are granted to the purchasing entity, its parent company, and its majority owned affiliates.
- 4.2 Royalty-Free. Royalty-free basis means that after You Purchase a 3D Model, there are no future royalties or payments that are required, to be made. You do not need to make any future payments in order to use the 3D Models for the uses authorized in this Policy.
- 4.3 Third Party Use. Except as otherwise authorised by My3DMeta, You must take all reasonable and generally accepted measures to prevent third-parties from downloading, re-distributing, extracting and/or use proprietary formats (i.e. closed source application formats) of 3D Models unless bought under Exclusive License, in any form, so that 3D Models cannot be opened or imported in a publicly available software application or framework, or retrieved without breaking the technology.
- 4.4 Promotional Use. 3D Models, as permitted by My3DMeta, may be used for advertising, promotional and other specified purposes. Prints, posters (i.e. a hardcopy), and other reproductions can be used for personal use or promotional purposes, which includes advertising, printed materials, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards, merchandise, promotional postcards, entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations, educational and demonstration materials, online or electronic publications, motion picture or video, including commercial ones, computer or console based game or application, including commercial ones or any other uses approved in writing by My3DMeta (i.e. not for resale or license).
- 4.5 Re-Selling of License. Re-Selling or transfer of license means those licenses or contents of license which can be further sold, rented, loaded, given or transferred to another person or entity or third party.
- 4.6 Sub-Licensing. Sub-Licensing is a subordinate license which may be granted to third party by You for all or specified rights or uses of a product, brand name, logo. One example of Sub-Licensing could be if You have contracted/collaborated with third parties for a project and there is a need to share 3D models with them.
- 4.7 3D Physical Models. 3D Models may also be used to create physical end products (such as, but not limited to, 3D printed models), with a maximum of 5 instances of such 3D Model per Purchase.
- 4.8 Derivative Work.
- 4.8.1 Derivative work is a new, original product that includes aspects of a pre-existing, already copyrighted work. For example, Derivative work can be created with the use of the 3D Models. Therefore, Derivative work is a work that incorporates the 3D Model as well as other things, so that it is larger in scope and different in nature than the 3D Model.
- 4.8.2 Modifications. You shall not be permitted to make any modifications to the Purchased 3D Models under Standard License.
- License Restrictions
- 5.1 Unauthorized Use. If You use 3D Models in an unauthorized way, My3DMeta may terminate Your account and pursue other penalties, damages, losses, and profits MY3DMeta is entitled to under this Policy or at law or equity. The following are unauthorized uses that are explicitly prohibited:
- 5.1.1 Competition. You may not use or distribute 3D Models, or any modified version of 3D Models, in any way that is competitive with the original 3D Model or the Site, or in any way that displaces the market for the original 3D Model. Examples of such unauthorized use include, but are not limited to:
- Uploading the 3D Model, or a modified version of the 3D Model, to another digital content marketplace when bought under Standard License.
- Using the 3D Model to create a rendered stock image / stock media asset / design template / after effects template and uploading that stock media product to an online clearinghouse infrastructure.
- 5.1.2 No Obscene or Unlawful Use. You shall not use 3D Models for any defamatory, harassing, pornographic, obscene, or racist purpose, or to infringe any party's Depicted Intellectual Property rights.
- 5.1.3 False Attribution. You shall not misrepresent yourself as the creator of 3D Models.
- 5.2 Restricted Permissions for Standard License. It is not permitted to:
- 5.2.1 Sell or distribute any 3D Models or any of its individual parts such as; textures, meshes, models, scenes, script files, programming code or any other component sources files;
- 5.2.2 Embed these components into other 3D asset components that are sold in any store or sold as separate 3D components using any other medium to distribute the components, other than as outlined in this Policy;
- 5.2.3 You may not allow a third party, such as an end user, to use 3D Models to customize a physical end product, for example, via “print on demand”, “made to order”, or “download on demand” applications.
- 5.2.4 Use 3D Models for resale, license or other distribution. Any use of the 3D Models that is not a Permitted Use shall constitute infringement of copyright.
- Types of Licenses and their Rights
Given below is a list of different types of licenses and the rights attached to them:
Types of Licenses Standard Branded Exclusive Applicability on type of 3D Model Store Store Store; Custom Asset; Character Creation 18 years of age ✓ ✓ ✓ Royalty Free License ✓ ✓ ✓ Third party cannot download, extract, redistribute and use proprietary formats ✓ ✓ ✗ Re-selling of license ✗ ✗ ✓ Sub-licensable ✗ ✗ ✓ Preparation of derivative work ✓ ✗ ✓ 3D physical model ✗ ✗ ✓ Promotional use ✓ ✓ ✓ Refund ✗ ✗ ✓ (eligible only for Custom Asset and Character Creation) Custom License ✗ ✗ ✗ Brand License ✗ ✓ ✗ Uses Commercial & not commercial Following brand asset usage (Commercial/Editorial) restriction Commercial & not commercial
- License Term & Termination
- 7.1 Term. Your right and license to 3D Models is perpetual, unless terminated as described herein.
- 7.2 Termination. Your license grant is terminated immediately and without notice in the cases below. In such termination, You and any recipients of 3D Models must cease use, distribution, and destroy all copies of 3D Models. Once the Services are terminated or suspended, any data that You may have stored on the Platform, may not be retrieved later. My3DMeta shall be under no obligation to return the information or data to You. Potential Reasons for a payment reversal include:
- 7.2.1 My3DMeta believes that Your actions may cause legal liability for You or for My3DMeta, or all or some of My3DMeta's other Users;
- 7.2.2 My3DMeta believes You have provided false or misleading Account Information or other information;
- 7.2.4 My3DMeta determines in its sole discretion that Your Purchase was fraudulent.
- 7.3 Refund Policy. You are eligible for a full refund only if You choose to cancel Your order within 24 (twenty four) hours from the date of Purchase, in accordance with the following terms:
- 7.3.1 Effect of refund on license. Once a refund is requested, You understand and agree that You must immediately retrieve and delete all relevant product files from any and all places you have downloaded them to. You also understand and agree that once a refund is requested, You are not permitted to exploit the 3D Models in question, and immediately upon receipt of a refund, all licenses to such product file(s) and underlying content are revoked, and You are not authorized to use the product in any form or for any purpose whatsoever.
- 7.3.2 How to request a refund. You may request a refund by sending a request email at firstname.lastname@example.org.
- 7.4 Failure to Abide by the License Grant. Material failure to abide by the terms of the Policy immediately terminates Your right and license to 3D Models. If You detect a violation of the license grant by You or any recipient of shared 3D Models, and promptly report the violation to email@example.com, My3DMeta will make a good faith effort to find an appropriate remedy to preserve Your license grant.
- Representations and Warranties
- 8.1 You covenant, represent, and warrant that:
- 8.1.1 You have full right, power, legal capacity, and authority to enter into and perform this Policy, have obtained any third-party consent needed to do so, and, prior to any Purchase, had an opportunity to seek independent legal counsel.
- 8.1.2 You will not use 3D Models except pursuant to the terms of the Policy. Should You use 3D Models in an unauthorized way, You agree to any reasonable fee or penalty exercised by My3DMeta under the Policy or applicable law.
- 8.1.3 You 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.
- 8.2 You will immediately notify My3DMeta of any legal claim or challenge against Your use of 3D Models or any other rights issue, before disclosing such issue to any third-party.
- Limitation of Liability
- 9.1 3D Models are provided on an “as is”, “as available”, and “with all faults” basis. My3DMeta makes no representations, warranties, conditions, or guarantees as to the usefulness, quality, suitability, truth, fitness for a particular purpose, non-infringement, merchantability, or cosmetic attributes of 3D Models, and does not guarantee the accuracy or completeness of specifications associated with 3D Models, including measurements, weight, durability, strength, materials, general physical properties, regulatory compliance, other engineering or construction attributes.
- 9.2 My3DMeta disclaims all express or implied conditions, representations, and warranties of any kind regarding 3D Models, including any implied warranty or condition of merchantability. My3DMeta allows Your Purchase to be refunded under certain reasonable time frames and conditions, subject to the Site's policies.
- 9.3 You assume all risk for any damage to Your computer systems and network for any damage to Your computer system by obtaining 3D Models, including any damages resulting from computer viruses.
- 9.4 To the fullest extent permitted by law, My3DMeta 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, even if My3DMeta has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence).
- 10.1 You agree to defend, indemnify and hold My3DMeta and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, licensee, suppliers, alliance members, other partners, employees and representatives (“My3DMeta Parties”) harmless from any claim, liability or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of Your use of 3D Models relating to: a) Your use of the licensed content outside the scope of this Policy, in violation of applicable law and any claims arising out of or due to the Your particular use; b) any other actual or alleged breach by the You of this Policy; or c) Your failure to obtain any required license or release.
- 10.2 Subject to clause 7 and 9 above, My3DMeta shall indemnify, defend, and hold You harmless from and against any claim or demand, including reasonable attorneys' fees made by any third party for copyright or trademark infringement due to or arising out of Your use of the 3D Models in accordance with these Terms, but excluding any modifications made by You, if such infringement was caused by the modification. This indemnity shall not apply to any 3D Model labelled for Editorial Use or a brand name, logo, or other Depicted Intellectual Property prior identified in a 3D Model.
- 10.3 In the event of an indemnification claim by You, You agree to provide notice to My3DMeta within 30 (thirty) days of receiving any claim and allowing My3DMeta to fully control such claim, including but not limited to, selection of counsel, reasonable diligence into the claim, and if necessary litigation and/or settlement. Notice must be given via email to: firstname.lastname@example.org. Notice is not considered made until it is acknowledged in writing by My3DMeta.
- Other Terms
- 11.1.1 Entire Policy. The Policy constitutes the entire Policy between You and My3DMeta relating to Your Purchase. My3DMeta does not otherwise offer any other changes, additions, variations, or additional signed forms related to this Policy.
- 11.1.2 Confidential and Proprietary Information. Without the prior written consent of My3DMeta, You shall not at any time, either personally or by means of third parties, make any statement or disclosure or supply any information or material to any third party (other than My3DMeta's agents at My3DMeta's direction) or the public relating to any matter arising hereunder or to the affairs of My3DMeta coming within Your knowledge by reason of this Policy (collectively, the “Confidential and Proprietary Information”), Unless otherwise provided for in the Policy. All Confidential and Proprietary Information is and shall remain the sole property of My3DMeta. You agree to take all reasonable precautions to prevent any unauthorized disclosure of any Confidential and Proprietary Information and, in any event, shall use Your best efforts to protect the confidentiality of My3DMeta. The terms of the Policy have deemed Confidential and Proprietary Information of My3DMeta. Upon My3DMeta's request, or upon the termination or expiration of this Policy, You shall return all Confidential and Proprietary Information (including any copies, summaries, extracts, and other forms thereof) within Your possession or control and the possession or control of Your employees and representatives. All Confidential and Proprietary Information is provided on an “as-is' ' basis. My3DMeta does not make any representation or warranty as to the accuracy or completeness of the Confidential and Proprietary Information or any component thereof. No license of any intellectual property rights, or any other rights, is granted by any disclosure of Proprietary Information.
- 11.2 Material Breach and Injunction. Your rights are as follows:
- 11.2.1 You agree that any material breach of these Terms will result in irreparable harm to My3DMeta for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, My3DMeta will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if My3DMeta seeks such an injunction.
- 11.2.2 Notwithstanding anything to the contrary herein, My3DMeta would be irreparably harmed and shall be entitled to equitable relief including injunctive relief for any hacking, theft, or misuse of the Site.
- 11.3 Import/Export Regulations. 3D Models may be subject to the Indian export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall with 3D Models: (a) obtain any export, re-export, or import authorizations required by India or Your local laws; (b) not design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide 3D Models to prohibited countries and entities identified in the Indian export regulations.
- 11.4 Governing Law. This Policy is governed by laws of India, excluding conflict of law principles. Any action or proceeding arising out of or related to the Policy must be brought in a state or federal court located in Bangalore, and both parties irrevocably submit to the exclusive jurisdiction of such courts. All notices, requests and other communications under the Policy must be in writing (e-mail messages shall be deemed writings).
- 11.5 Arbitration. You acknowledge and agree that My3DMeta may, in its sole discretion, arbitrate disputes between My3DMeta users involving 3D Models (including any purchaser or supplier of 3D Models), and such findings shall be final and non-appealable. Either party may request that My3DMeta arbitrate the dispute, or My3DMeta may elect, at its option, to arbitrate the dispute. After My3DMeta elects to arbitrate any dispute hereunder, My3DMeta will waive any rights to a commission from both the Purchase and arbitration, and the parties must keep the results and process confidential and may not disclose anything related to the dispute to any other party (whether by oral, written, or other type of disclosure). To resolve disputes, My3DMeta may decide to terminate or suspend users, revoke the license, offer replacement 3D Models, re-establish the licensee, or surrender or reallocate fees (whether by refund, charitable donation, or otherwise). The seat and venue of arbitration shall be Bangalore. My3DMeta may award up to 3X the Purchase price to either party depending on the circumstances. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT ACCEPTING THIS ARBITRATION PROVISION WAIVES RIGHTS TO JUDICIAL RESOLUTION, TRIAL BY JURY AND RIGHTS YOU WOULD OTHERWISE HAVE IF YOU HAD NOT AGREED TO THIS ARBITRATION PROVISION.
- 11.6 Notice. Any notice under the Policy shall be via email to email@example.com, provided that You receive an acknowledgement email from a My3DMeta representative within 7 (Seven) business days. If no such acknowledgement email is received, notice must be in writing and delivered by mail to the following address:
My3dMeta H6vt. Ltd,
4th Floor, 22 Kensington Road,
Near RMZ Millenia,
Halasuru, Bengaluru, Karnataka, 560008
- 11.7 Assignment. This Policy is personal to You and is not assignable by You without prior written consent of My3DMeta, unless otherwise provided in the Policy. My3DMeta may assign this Policy without Your consent to any other party so long as such party agrees to be bound by its terms.
- 11.8 Language. The Policy may be translated into other languages, but English is the official language of the Policy and in any conflict between the English language version and any other version, the English language version shall control.
- 11.9 Miscellaneous.
- 11.9.1 You may request authorization for a use not covered by the Policy (“New Use”) by writing firstname.lastname@example.org. My3DMeta is authorized to approve a New Use if My3DMeta finds in its sole judgment that the New Use is substantially similar to another established use in the Policy and authorizes the New Use in writing.
- 11.9.2 If any individual term of this Policy is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, such finding shall be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of this Policy, so that this Policy shall otherwise remain in full force and effect.
- 11.10 Time limitations on any claim hereunder. Any claim by You hereunder, including without limitation a claim for indemnification under clause 11 must be made within 2 (two) years of purchasing the 3D Model.
- 11.11 If My3DMeta is required to collect indirect and/or transactional taxes (such as sales tax, value-added tax, goods and services tax, et al) under the laws of Your state or country of residence, You shall be liable for payment of any such indirect tax. Where My3DMeta or You are required to collect or remit direct or indirect taxes, You may be required to self-assess said tax under the applicable laws of Your country of residence. You acknowledge and agree that Your country of residence is the same as Your billing address, as is provided by You to My3DMeta connection with Your account.